Sleep apnea decisions — 2017

The Board has remanded the case for further development due to a need for clarification regarding whether the Veteran's sleep apnea pre-existed service and if so, whether it was aggravated by military service.

The Veteran's claim for service connection for sleep apnea, to include as secondary to her service-connected depression, is being remanded due to the need for additional development and consideration of evidence not previously considered by the VA examiner.

The Veteran's lumbosacral strain and radiculopathy of the lower extremities were rated, with a 40 percent rating for lumbosacral strain effective July 16, 2014.

The Veteran's service-connected lumbosacral strain and right lower extremity radiculopathy have been rated at the highest available rating of 20 percent. The Board finds that a higher rating is not warranted as there is no evidence of ankylosis or incapacitating episodes.

The Board has remanded the case for further development due to missing service treatment records, particularly from the Veteran's duty stations in South Carolina and New York. The claims will be reconsidered after obtaining these records.

The Veteran's service-connected lumbosacral spine discogenic disease and peripheral neuropathy of the bilateral lower extremities are considered, but his TDIU claim is being remanded for further review due to conflicting opinions regarding his employability.

The Board has determined that the Veteran's service-connected disabilities make it impossible for him to secure and maintain substantially gainful employment, thus granting a TDIU.

The Board found that the preponderance of evidence is against a finding that there is a nexus between the currently diagnosed breathing disabilities and service, or that these disabilities were caused or aggravated by the service-connected residuals of a nasal fracture with a deviated septum.

The Board has determined that service connection is warranted for the aggravation of OSA by a service-connected disability, specifically the bilateral deviated nasal septum.

The Veteran's appeal is being remanded due to scheduling issues for a videoconference hearing. The main issue remains the service connection for sleep apnea and an evaluation for degenerative disc disease of the lumbar spine.

The Board has granted service connection for left knee degenerative changes, but denied increased ratings for obstructive sleep apnea and GERD.

The Veteran's claims for earlier effective dates for service connection of PTSD, ED, SMC based on loss of use of a creative organ, migraines, and OSA are denied as the earliest possible effective date is August 16, 2009, the day following separation from active service.,Service connection for hypertension was granted with an effective date of October 28, 2009, based on a diagnosis within one year of separation from service. The Veteran's claims for earlier effective dates are denied as entitlement arose prior to that date.

The Board has determined that further development is needed for the Veteran's claims of service connection for sleep apnea, right knee condition, and hammertoes. The case will be remanded to obtain additional medical records, conduct necessary examinations, and readjudicate the issues.

The Board has granted service connection for sleep apnea and remanded the remaining issues for further development.

The Veteran's depressive disorder is found to be related to his service, granting service connection. The issues of higher initial ratings for the spine and TDIU are remanded due to additional development being required.

The Veteran seeks service connection for cervical spine disability and sleep apnea. The Board finds that additional development is needed to determine the etiology of these conditions, including whether they are related to active or inactive duty service.

The Board has remanded the case for additional development, including a VA examination to determine the etiology of the Veteran's obstructive sleep apnea and whether it is secondary to service-connected PTSD. The appeal will be considered on a mixed disposition (some issues granted, some not).

The Board found that the Veteran's current diagnosed sleep apnea is not etiologically related to his active duty service.

The Board has determined that the Veteran's obstructive sleep apnea did not have its onset during active service and was not caused or aggravated by active service, thus denying his claim for service connection.

The Board has ordered a remand to obtain an addendum medical opinion regarding whether the Veteran's sleep apnea is permanently aggravated by PTSD or any service-connected disability.