Sleep apnea decisions — 2017

The Veteran's claims for increased ratings and service connection have been denied. The Board found that the Veteran did not meet his burden of proof to establish service connection for a right shoulder disorder, left lower extremity neurologic disorder, or obstructive sleep apnea.

The Board has determined that new and material evidence has not been presented to reopen the claims for service connection for obstructive sleep apnea, bilateral hearing loss, a respiratory condition, sensitive nerve system, dizziness and loss of balance, gout, and erectile dysfunction. The Veteran's claims remain denied.

The Veteran's appeal is being remanded for additional development, including new examinations and completion of a VA Form 21-8940. The TDIU claim will be adjudicated after the necessary information has been obtained.

The Board found that there was no evidence linking the Veteran's current sleep apnea to service or her service-connected hypertension, and thus denied her claim for service connection.

The Veteran withdrew her appeal prior to the Board's decision.

The Veteran's claim is being remanded for further medical examination and development to determine the extent of his service-connected status post uvulopalatoplasty, including whether his current symptoms are related to the procedure.

The Board has determined that the Veteran's obstructive sleep apnea, allergic rhinitis, and chronic sinusitis status post septoplasty are related to his service. The evidence is at least in equipoise as to whether these conditions were incurred during his military service.

The Veteran's obstructive sleep apnea was present during service and has continued since then, meeting the criteria for service connection.

The Veteran's sleep apnea is granted as secondary to his service-connected deviated septum and sinusitis. A separate compensable rating of 10 percent for loss of smell under Diagnostic Code 6275 is granted, with a higher rating in excess of 10 percent thereafter. The claim for increased rating for right jaw disability prior to June 28, 2016 and in excess of 30 percent thereafter under Diagnostic Code 6513 is dismissed.

The Veteran's claim for a rating in excess of 20 percent for his lumbosacral spine disability is granted.

The Veteran's claim for a higher initial rating for lumbosacral spine disability was granted, with the highest possible evaluation of 40 percent assigned. The claim for service connection for bilateral hearing loss is pending and not addressed in this decision.

The Board finds that the Veteran's sleep apnea is related to his military service and grants entitlement to service connection.

The Board has determined that new and material evidence has not been received to reopen the claim for obstructive sleep apnea disability. The Veteran's right ankle disability is denied as service connection cannot be established due to lack of in-service manifestation or link between current disability and service. Service connection for chronic headache disability remains pending.

The Veteran's appeal has been withdrawn for the issues of entitlement to service connection for headaches and bilateral hearing loss. The Board finds that the Veteran has tinnitus that had its onset during his period of service, warranting service connection.

The Board has decided to remand the case for additional development, including obtaining medical records from the 72nd Medical Group and providing a supplemental opinion on whether the Veteran's sleep apnea is related to his military service.

The Board found that the Veteran's current obstructive sleep apnea did not manifest during active service, was not caused by or aggravated by a service-connected condition (hypertension), and is not otherwise related to his military service.

The Veteran's preexisting bilateral pes planus was not aggravated by active service, and the Board denied his claim for service connection.

The Board found that the Veteran's current sleep disorders, including obstructive sleep apnea and insomnia, did not manifest in service and are not attributable to service.

The Veteran's appeal is being remanded due to technical issues with the hearing transcript. He will be scheduled for a video conference hearing before a Veterans Law Judge.

The Board has denied service connection for a bilateral knee disorder and a degenerative joint disease of the lumbosacral spine, finding that there is no evidence linking these conditions to service. The Veteran's current disabilities are not considered presumptively related due to lack of continuity or within one year post-service.