Sleep apnea decisions — 2017

The Board has remanded the case due to new contentions presented by the Veteran's representative regarding the relationship between OSA and service-connected conditions, requiring an addendum medical opinion.

The Veteran's lumbar disc disease prior to March 7, 2016 was not characterized by severe enough muscle spasms or guarding to result in abnormal gait or spinal contour. From March 7, 2016, the disability did not meet the criteria for a rating higher than 20 percent.

The Board denied the Veteran's claims for service connection for sarcoidosis, asthma, hypertension, and OSA as secondary to sarcoidosis. The evidence did not support a finding of in-service onset or association with any of these conditions.

The Board finds that the Veteran's current lumbosacral strain, right knee strain, and left ankle strain are at least as likely as not caused by his active service.,For the reasons stated above, the claims for service connection for these disabilities are granted.

The Veteran's obstructive sleep apnea is found to be secondary to his service-connected PTSD, and the Board has granted service connection for this condition.

The Board has remanded the case due to scheduling issues and will schedule a videoconference hearing at El Paso, Texas. The Veteran's claim for service connection remains pending.

The Board has determined that the Veteran's sleep apnea had its onset during active duty service and has granted his claim for service connection.

The Veteran's service-connected disabilities, including degenerative joint disease of the lumbosacral spine and radiculopathy in both lower extremities, preclude locomotion without the aid of a cane. The Board finds that this meets the criteria for specially adapted housing.

The Board finds that the issues of whether severance of service connection for PTSD was proper, and entitlement to service connection for various disabilities are currently before it as they are inextricably intertwined with the appellate issues of the effective date for the award of service connection for PTSD and the initial rating assigned for PTSD. The Veteran's period of honorable active service has already been finally adjudicated.

The Board has remanded the case for additional development, including asking examiners to determine if PTSD aggravates OSA. The appeal is now pending again.

The Board has remanded the case for additional development due to incomplete examination reports and other issues.

The Veteran's service-connected right sphenoid sinus polyp with secondary sinusitis and bilateral concha bullosa warrants a 50 percent evaluation for the entire appeal period, as his symptoms have been constant throughout.

The Board has denied the Veteran's claim for a rating in excess of 20 percent for his service-connected lumbosacral strain with osteoarthritic changes.

The Board has determined that additional development is needed for the issues of bilateral hearing loss, varicose veins of the bilateral lower extremities, left lower extremity blood clots, and other service connection claims. The Veteran will be scheduled for a VA examination to address these matters.

The Veteran's service-connected disabilities, including PTSD and sleep apnea, render him unable to obtain or maintain substantially gainful employment. The Board finds that he is entitled to a TDIU.

The Board has determined that the Veteran's claimed conditions, including feminine issues to include tubal ligation, fungal infection of the skin, status post lumbosacral spine strain, right knee disorder, and left knee disorder, are not related to service. The appeal is denied.

The Veteran's service-connected disabilities, including PTSD, migraine headaches, lumbosacral spine disorder, and cervical spine disorder, meet the criteria for a TDIU. The combined rating is 80 percent.

The Board found that the Veteran's obstructive sleep apnea was not incurred in or aggravated by his active service and is not proximately due to or the result of a service-connected disability.

The Board found that the Veteran's diagnosed OSA was not related to his service and is not etiologically related to his service-connected AF.

The Board has granted service connection for obstructive sleep apnea and a disability rating of 30 percent for mood disorder. The Veteran's current diagnoses are considered in determining the appropriate disability ratings.