Sleep apnea decisions — 2017

The Board found that the Veteran's obstructive sleep apnea was not incurred in service and is not caused or aggravated by his service-connected hypertension and/or PTSD. The claim for service connection for OSA as secondary to these conditions was denied.

The Board has remanded the claims of service connection for tinnitus, deviated nasal septum, low back disorder, and sleep apnea due to insufficient explanations in previous decisions. The Veteran is entitled to a new hearing on all four issues.

The Board has determined that the Veteran's cause of death, respiratory failure due to or a consequence of metastatic liposarcoma, was not caused by or aggravated by his military service. The Board found no evidence linking any service-connected disability to the Veteran's death.

The Board has determined that the Veteran's current sleep apnea disability is not causally or etiologically related to his active service and does not meet the criteria for secondary service connection based on his service-connected disabilities.

The Veteran's claims for service connection for obstructive sleep apnea and hypertension have been granted, effective January 14, 2011. The Board has also remanded the issue of increased ratings for carpal tunnel syndrome and the reopening of previously denied service connection petitions.

The Board has reopened the Veteran's claims for service connection for migraine headaches, arthritis of the cervical spine, and degenerative joint disease of the lumbosacral spine. However, these claims have been denied as there is no evidence showing a causal relationship between any of these conditions and active service.

The Board found that the current low back disorder is not related to service and did not result from or be aggravated by a service-connected condition.

The Veteran's low back disability and associated radiculopathies are currently rated at the highest available schedular rating, with separate ratings for each lower extremity. The appeal is denied as there is no evidence of unfavorable ankylosis or IVDS that would warrant a higher rating.

The Board has decided to remand the claim for further development due to insufficient medical opinion regarding the etiology of the Veteran's sleep apnea.

The Board has remanded the claims for kidney disability, heart disability, and sleep apnea due to pending issues related to hypertension. The claims will be adjudicated again once the issue of whether new and material evidence was submitted to reopen the claim for service connection for hypertension is resolved.

The claims for diabetes mellitus, sinusitis and sleep apnea have been reopened. However, the claim for diabetes mellitus remains denied.,Service connection has been reopened for smoke and dust inhalation (also claimed as bronchitis and lung condition), sinusitis, and obstructive sleep apnea.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and scheduling examinations.

The Veteran's service-connected disabilities, in and of themselves, do not preclude him from securing or following a substantially gainful occupation.

The Board has determined that the evidence is in equipoise as to whether the Veteran's low back disability was incurred during service. As a result, the claim for service connection is granted.

The Veteran's obstructive sleep apnea, left hand disability (including De Quervain's syndrome and ulnar entrapment neuropathy), and back disability are all found to be service-connected as they were caused by his service-connected right wrist and carpal tunnel disabilities.

The Veteran's claims for service connection for TBI, right foot condition, and sleep apnea are being remanded due to inadequate initial examination and the need for additional development of his medical records.

The Board has determined that the Veteran's obstructive sleep apnea disability is related to his active service and grants service connection for this condition.

The Board has remanded the case for additional development, including obtaining an opinion from a specialist physician regarding the nature and etiology of the Veteran's sleep apnea, its relationship to service-connected knee disorders, and whether it had its onset in or is related to service.

The Board has remanded the case for further development, including obtaining an addendum VA opinion regarding whether it is at least as likely as not that the Veteran's sleep apnea was incurred in service regardless of the fact that he was not diagnosed with sleep apnea during service. The TDIU claim is also being remanded to provide a Statement of the Case (SOC).

The Board has determined that the Veteran's current obstructive sleep apnea is etiologically related to his weight gain during active duty service, and thus grants the claim for service connection.