Sleep apnea decisions — 2017

The Board found that the Veteran's currently diagnosed obstructive sleep apnea is not related to service, including his reported in-service symptoms of snoring, fatigue, headaches, and memory loss. The VA examiner concluded it was less likely than not that the Veteran's current condition is due to service.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea in February 2002, finding that there was no evidence of a current disability. The Veteran did not appeal this decision and it became final.

The Board has granted the Veteran's claim of service connection for an acquired psychiatric disorder, including PTSD and depression. The claim of sleep apnea was withdrawn by the Veteran during his October 2016 hearing.

The Veteran's claims for service connection are being remanded due to the need for further development, including verification of in-service stressors and obtaining private medical records. VA examinations will be conducted to assess current psychiatric disorders, sleep disorder, and hypertension.

The Veteran has been diagnosed with obstructive sleep apnea and gastroesophageal reflux disorder (GERD) during the appeal period. The Board finds that these conditions are related to his military service.,The Veteran also claimed entitlement to service connection for irritable bowel syndrome, chronic fatigue, neurological problems, muscle and joint pains, right hip disability, and a lumbosacral spine disability. However, no examination or medical opinion was provided in this case.

The VA examiner found that the Veteran's sleep apnea is less likely than not caused by or aggravated by his service-connected sinusitis, and thus denied the claim for service connection.

The Board found that the Veteran's current sleep apnea is not related to his active duty service, and denied his claim for service connection. The acquired psychiatric disorder issue remains pending as it was not addressed in detail during the remand.

The Veteran's lumbosacral strain and degenerative disc disease were rated at 40 percent prior to July 5, 2011. The disability did not meet the criteria for a higher rating as there was no evidence of ankylosis or intervertebral disc syndrome.

The Board has determined that the Veteran's left knee disability did not have its onset in active service or within one year thereafter and is not related to service or a service-connected disability.

The Veteran's claim for service connection for obstructive sleep apnea was denied as there is no competent and credible evidence linking the condition to service. The Board found that the preponderance of the evidence did not support a grant of service connection on either direct or secondary basis.

The Board has reopened the Veteran's claim for service connection for obstructive sleep apnea and finds that new and material evidence has been received to support this claim. The Veteran's current diagnosis of OSA is found to have its onset during his active service, and there is sufficient medical opinion linking it to service. Service connection for hypertension is granted as well.

The Board has decided to remand the case due to the need for a VA examination to determine the nature and etiology of the Veteran's current sleep apnea disability, as well as its relationship to his active service.

The Board has remanded the case due to inconsistencies in the record and a need for clarification of the Veteran's diagnosis. A new examination is required to determine if his current lumbar spine disorder is related to service.

The Veteran's PTSD is currently rated at 50 percent, effective August 7, 2011. The Board finds that a higher rating of 30 percent was warranted prior to this date.

The Veteran's claims for increased ratings for his service-connected low back and right knee disabilities were denied by the Board of Veterans' Appeals.

The Board has determined that the Veteran's current lumbar and cervical spine disabilities are not related to his active duty service, and thus denied both claims for service connection.

The Veteran's service connection claims for sleep apnea and a heart disorder, to include premature arterial ventricular contraction, are denied as there is no evidence of current disabilities during the pertinent period post-service.

The Veteran's bilateral hearing loss has been rated at 10 percent since March 2014, and the RO denied an increased rating.,The Veteran's sleep apnea associated with diabetes mellitus type II was not found to warrant a higher than 50 percent disability rating.

The Veteran's right lower extremity circulatory disease, blindness, and sleep apnea are not related to service. The Board finds that these conditions were not manifest in service or within one year of separation, and there is no evidence linking them to service.

The Veteran's lumbosacral strain and degenerative disc disease were evaluated, with the lumbosacral strain receiving a 20% rating. The decision on TDIU is pending.