Sleep apnea decisions — 2017

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim for service connection for nasal obstruction. Service connection is established for this condition, as well as for sleep apnea which is secondary to her service-connected nasal obstruction/sinusitis.

The Veteran's claim for increased ratings for lumbosacral strain and related conditions is being remanded due to the need for additional development, including a VA examination.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea, finding that there was no evidence of a link between his current condition and active duty service or any service-connected disability.

The Veteran's appeal involves multiple service-connected disabilities, including heart attacks/stress, pinched nerve in back, right hip condition, traumatic brain injury, and others. The Board has remanded the case for additional development to obtain his service personnel records.

The Veteran requested to withdraw his appeal regarding the issue of entitlement to a rating in excess of 40 percent for lumbosacral strain with degenerative spondylosis and spurring. As a result, the Board dismissed this appeal.

The Veteran's acquired psychiatric disorder, including depression and anxiety, is proximately due to his service-connected low back disability. The Board finds that the evidence is in relative balance for and against this claim, granting service connection for an acquired psychiatric disorder.

The Board has granted service connection for PTSD and found that the Veteran's current diagnosis of PTSD is related to his fear of hostile military activity caused by in-service stressors. The Board also found that the Veteran's Obstructive Sleep Apnea is not directly related to his service, but may be secondary to his service-connected PTSD.

The Board denied service connection for headaches, acid reflux, and sleep apnea as they are not related to service or the service-connected PTSD. The current conditions are attributed to rhinosinusitis.

The Veteran's service-connected lumbosacral strain with degenerative disc disease is currently rated at 20 percent, but the evidence does not support a higher rating based on the criteria provided in the General Rating Formula for Diseases and Injuries of the Spine.

The Board has determined that the Veteran's current diagnosis of obstructive sleep apnea is related to symptoms he exhibited during service, and thus grants service connection for this condition.

The Board has remanded the case due to scheduling issues for a videoconference hearing and clarification of the Veteran's incarceration status.

The Board has granted service connection for residuals of a low back strain with variation of lumbosacral joint area and secondary service connection for radiculopathy, right and left lower extremities as secondary to the Veteran's low back disability.,The evidence shows that the Veteran had chronic symptoms following his in-service injury and these symptoms have continued since separation from service. The Board finds that the current diagnoses of arthritis and radiculopathy are related to the Veteran's service-connected low back strain.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions and scheduling VA examinations to assess the severity of his sleep apnea, right knee disability, and right hip disability.

The Veteran's appeal for a TDIU was dismissed as the Veteran withdrew her appeal prior to the Board issuing a decision.

The Veteran's claim for a higher initial rating for his back disability was denied by the Board in April 2016. The case is being remanded to obtain additional medical evidence and to provide the Veteran with an appropriate VA examination.

The Board has granted service connection for sleep apnea and an initial rating of 50 percent for migraine headaches. The Veteran's adjustment disorder with depressed mood is rated at the highest available schedular rating, which is 50 percent.

The Board denied the Veteran's claim for service connection for tuberculosis, finding that new and material evidence had not been received to reopen the claim. The issue of service connection for hives was granted.

The Veteran's claim for service connection for sleep apnea has been granted. The Board found that the evidence supports a nexus between the Veteran's current sleep apnea and his military service. The issues of increased ratings for lumbosacral strain and cervical spine degenerative joint disease were not addressed due to the remand.

The Board has determined that the evidence is at least in relative equipoise as to whether the Veteran's obstructive sleep apnea and erectile dysfunction are related to medications prescribed for his service-connected psychiatric and low back disabilities. Therefore, service connection for these conditions is granted.

The Veteran's obstructive sleep apnea was incurred in service and is granted. His gastrointestinal disorder, including erosive gastroduodenitis and gastroenteritis, is not related to his military service. The Veteran's chronic musculoligamentous lumbar strain is also not related to his military service.