Sleep apnea decisions — 2017

The Veteran's gastrointestinal, low back pain, and neck pain claims were granted. The Veteran's headaches and bilateral shoulder problems/disability claims were denied.

The Veteran's service-connected hemorrhoid disability is currently rated as noncompensable. The Board has determined that the criteria for a compensable rating have not been met at any point during the period on appeal.,The Veteran's service-connected hiatal hernia and GERD disability are currently rated as 30 percent disabling effective August 21, 2012. The Board has found that the criteria for an increased rating to a maximum of 60 percent have not been met at any point during the period on appeal.,The Veteran's service-connected lumbosacral strain (back disability) is currently rated as 40 percent disabling, effective December 14, 2012. The Board has determined that the criteria for a higher rating to a maximum of 60 percent have not been met at any point during the period on appeal.

The Board has determined that the Veteran's renal disorder, plantar fasciitis, and sleep apnea are related to his service-connected conditions or occurred during active duty. As such, these claims for service connection have been granted.

The Board has determined that a separate rating of 20 percent for radiculopathy of the right lower extremity is warranted as of June 8, 2007.

The Board found that the Veteran's obstructive sleep apnea was not incurred during or as a result of service, nor is it secondary to or aggravated by his service-connected disorders.

The Board has determined that the Veteran's obstructive sleep apnea is not caused by, secondary to, or aggravated beyond its natural progression by her service-connected PTSD.

The Veteran's lumbar spine disorder has been shown to be manifested by constant pain, a burning sensation, tenderness, stiffness, and difficulty walking or standing for prolonged periods. The Board finds that a 20 percent rating most closely approximates the Veteran's lumbar spine limitation of motion and functional impairment during the relevant period.

The Board has remanded the Veteran's claims due to inadequate examination reports and failure to address certain issues. A new VA psychiatric, sleep apnea, and rhinitis examinations are required.

The Board has remanded the issues of service connection for sleep apnea, hypertension, erectile dysfunction, tinnitus, memory loss, nephropathy, and heart disease to include coronary artery disease due to their secondary nature to service-connected diabetes mellitus.

The Board has found that the Veteran's current bilateral hearing loss is less likely than not related to his in-service acoustic trauma, and therefore, service connection for this condition is denied. The issue of entitlement to service connection for sleep apnea remains pending as additional development is necessary.

The Board has remanded the case for further development, including verification of service periods and obtaining medical opinions regarding the etiology of the Veteran's respiratory disorders. The Veteran is seeking service connection for obstructive sleep apnea and other respiratory conditions, with potential links to Agent Orange exposure, hazardous chemical exposure, and asbestos exposure.

The Veteran's L1 compression fracture and associated DJD of the lumbosacral spine are related to his combat service.

The Board has found that further evidentiary development is needed, including obtaining VA medical records and arranging for a VA examination to address the Veteran's claim of service connection for sleep apnea.

The Board has determined that a remand is necessary to obtain additional medical opinions regarding the Veteran's obstructive sleep apnea and its relationship to his active duty service, including consideration of lay reports of loud snoring.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a VA examination and additional development of records.

The Veteran's claims for service connection were denied as the evidence did not support a nexus between any of his claimed conditions and his military service, including exposure to the Persian Gulf War. The Board found that the preponderance of the evidence was against all claims.

The Veteran's claims for increased ratings were denied. The lumbar spine disability is currently rated at 40 percent, effective May 25, 1999.

The Board has found that the Veteran had symptoms of obstructive sleep apnea during service and since separation, which tends to show direct service incurrence. Therefore, service connection for obstructive sleep apnea is granted.

The Board has ordered a remand for further development of the Veteran's claims for service connection for insomnia and sleep apnea. The case is to be readjudicated after all requested actions are completed.

The Veteran's chronic lumbosacral strain warrants a 40 percent rating since May 27, 2015. The neurological symptoms are not service-connected.