Sleep apnea decisions — 2017

The Board has granted service connection for hypertension and sleep apnea, finding that the evidence is at least in equipoise as to whether these conditions first manifested during active duty. Service connection was denied for a bladder disorder.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected right shoulder disorder and lumbosacral strain.

The Veteran is unable to secure and follow a substantially gainful occupation due to his service-connected disabilities, which are found to be unemployable.

The Veteran's right hand disorder is not service-connected as there is no evidence of a current disability apart from the already compensated service-connected right wrist tenosynovitis.,Hypertension was not manifested during active service and is not related to service. The Board finds that hypertension did not manifest within one year after separation from the first period of active service.

The Veteran's service-connected disabilities render him unable to engage and retain substantially gainful employment, thus meeting the criteria for a total disability rating based on individual unemployability (TDIU).

The Veteran's initial claim for a higher rating for his degenerative disc disease of the lumbosacral spine was granted, with an effective date of April 19, 2016.,Since December 2, 2013, the Veteran has been assigned a 20 percent disability rating for his degenerative disc disease of the lumbosacral spine.

The Veteran's lumbosacral spine disability is currently rated as 10 percent disabling, reflecting slight limitation of motion. The Board finds that the evidence does not support a higher rating at any point during the appeal period.

The Veteran's appeals were denied, with the exception of GERD with hiatal hernia and pancreatitis issues which are remanded for further development.

The Board has ordered additional development due to outstanding VA treatment records and the need for a VA examination. The Veteran's claims are being remanded for these purposes.

The Veteran's lumbosacral strain and associated left lower extremity radiculopathy were evaluated at a 20% rating prior to July 5, 2011.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected disabilities, including gastroesophageal reflux disease (GERD), hypertension, asthma and sinusitis.

The Veteran's claim for a higher rating for his lumbar spine disability and associated neurological impairments is being remanded due to the need for additional development, including a new VA examination.

The Veteran's claim for service connection for an acquired psychiatric disability, including PTSD, was denied as he did not have a current diagnosis of such condition. The claims for increased ratings and TDIU were also addressed but are deferred until the examinations have been completed.

The Veteran is not entitled to service connection for peripheral neuropathy due to exposure to herbicide agents as his condition did not manifest within one year after separation from service and there is no evidence of a nexus between the condition and service. The Board finds that the Veteran's peripheral neuropathy is not related to service.,The Veteran is not entitled to direct service connection for obstructive sleep apnea due to exposure to herbicide agents as there is no evidence of early-onset peripheral neuropathy within one year after separation from service. However, he is granted secondary service connection for his obstructive sleep apnea as it is aggravated by his service-connected PTSD.

The Veteran's sleep apnea was initially manifested during service and is etiologically related to his service-connected heart disease. The Board granted service connection for sleep apnea.,The effective date for the VA recognition of the Veteran's second wife, LW, as a spousal dependent for purposes of receiving a VA dependency allowance has been denied.

The Veteran seeks service connection for sleep apnea. The Board finds that additional development is warranted, including obtaining a 1995 sleep study and an addendum opinion to determine the onset or etiology of her sleep apnea.

The Board has determined that the Veteran's sleep disorder, to include sleep apnea syndrome, was not incurred during service and is not otherwise related to his military service. As a result, the claim for service connection is denied.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it had its onset during his most recent period of military service.

The Veteran's service-connected disabilities did not prevent him from securing and following all forms of substantially gainful employment prior to December 27, 2013.

The Board denied the Veteran's claims for initial compensable ratings for GERD and lumbosacral strain with thoracic spine DJD and dextro-convex scoliosis, finding that there was no evidence of two or more symptoms necessary to warrant a higher rating under Diagnostic Code 7346 (GERD) or Diagnostic Code 5293 (lumbosacral strain).