Sleep apnea decisions — 2017

The Board found no evidence of a chronic back disability in service and concluded that the current lumbosacral spine disability is not related to military service. The claim for service connection was denied.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's obstructive sleep apnea is proximately caused by or aggravated by his service-connected diabetes mellitus, type II. As such, the claim for service connection for obstructive sleep apnea secondary to diabetes mellitus is granted.

The Veteran's claims for service connection are being remanded to obtain missing STRs and to provide a VA examination to determine the etiology of his lumbar spine, bilateral knee, bilateral hip, and bilateral foot disabilities.

The Veteran's service-connected PTSD is found to have rendered him unemployable, thus granting a TDIU. The claim for service connection of sleep apnea as secondary to PTSD remains pending and requires additional development.

The Veteran's claim for service connection for sleep apnea was denied in a November 2009 rating decision. The Board found that new and material evidence had not been received to reopen the claim, thus denying it. The Veteran's claim for an increased rating for PTSD is remanded due to outstanding private treatment records.

The Veteran's claims for service connection for PTSD, visual impairment (blindness), and sleep apnea have been denied. The fungal infection of skin and bilateral flatfeet with arthritis are established but not related to service or a service-connected disability.

The Board found that the Veteran's sleep apnea did not manifest during service and is not related to his military service, including presumed herbicide exposure. As a result, the claim for service connection was denied.

The Veteran's appeal is being remanded for additional development, including new VA examinations and opinions to address the nature and etiology of his claimed respiratory disability, heart disability, obstructive sleep apnea, bilateral lower extremity circulatory/vascular disability, and erectile dysfunction.

The Veteran's claim for an earlier effective date for a 10% rating for paresthesia of the skin of the upper lip and facial buccal mucosa maxilla is denied.,The Veteran's claim for an earlier effective date for a 30% rating for residuals of laceration of the lip is also denied.

The Veteran's initial 60% rating for coronary artery disease was reduced to 10%, effective December 1, 2012. The Veteran is now entitled to a 60% rating for this condition.

The Board has determined that the Veteran's sleep apnea did not manifest in service and is not related to service. The claim for service connection for sleep apnea was denied.

The Board has remanded the case for additional development, including obtaining an addendum VA medical opinion regarding the relationship between the Veteran's sleep apnea and his service-connected disabilities.

The Veteran's lumbosacral strain and associated radiculopathy of the right and left lower extremities are rated at 40 percent, with separate ratings for each affected limb.

The Veteran's service-connected disabilities, including his back condition and other conditions like sleep apnea, hypertension, and carpal tunnel syndrome, render him unable to secure or follow substantially gainful employment.

The Board found that the Veteran's left shoulder impingement, back disability (lumbosacral strain and degenerative disc disease), and bilateral knee chondromalacia do not warrant a higher rating under the applicable diagnostic codes. The current ratings of 20 percent for each condition are deemed adequate.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.

The Veteran's sleep apnea and sarcoidosis have been granted service connection, with the sarcoidosis receiving a 10% rating for respiratory impairment since February 17, 2004, and a 60% rating for extrapulmonary involvement of the skin.

The Board has granted service connection for obstructive sleep apnea as aggravated by service-connected PTSD and asthma, but denied service connection for hypertension and bilateral pes planus.

The Veteran's service-connected DDD of the lumbosacral spine and herniated nucleus pulposis are not rated higher than 40 percent, and his lumbar radiculopathy is not rated higher than 20 percent. The claims for increased ratings are denied.

The Veteran's service-connected coronary artery disease, diabetes mellitus, and erectile dysfunction are found to be the primary causes of his sleep apnea. The Board grants secondary service connection for sleep apnea and finds that medication for the Veteran's service-connected conditions cause his erectile dysfunction.