Sleep apnea decisions — 2017

The Veteran's lumbosacral strain with spinal stenosis and degenerative disc disease was rated at 40 percent effective December 10, 2011. The Board also granted a TDIU as of April 17, 2012.

The Board has remanded the case for a new medical opinion regarding the etiology of the Veteran's sleep disorder, specifically Obstructive Sleep Apnea. The Veteran and his wife reported symptoms during service that are consistent with current sleep apnea.

The Veteran's service-connected disabilities, including obstructive sleep apnea and degenerative disc disease of the lumbar spine, prevented him from engaging in substantially gainful employment prior to December 21, 2011. The Board granted a TDIU on an extraschedular basis for this period.

The Board has reopened the Veteran's claim of entitlement to service connection for sleep apnea and finds that new and material evidence has been received. However, the Board also determined that there is no competent medical evidence or opinion linking the current diagnosis of sleep apnea to his active service or any service-connected disability.

The Board has remanded the case due to inadequate examination and missing neurological evaluations.

The Veteran has been granted service connection for bilateral hearing loss and a current psychiatric disability, likely PTSD or another acquired psychiatric condition. Service connection is also established for sleep apnea. The claim for cluster headaches remains pending.

The Veteran's appeal is being remanded for additional development to determine the nature and etiology of his sleep apnea, as well as to obtain updated medical records regarding his knees. The Veteran will be asked to provide contact information for his ex-wife and authorize VA to obtain non-VA treatment records.

The Veteran's obstructive sleep apnea is found to have begun during his period of active duty service, and therefore he is entitled to service connection for this condition.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability was denied. The claims to reopen previously denied claims of entitlement to service connection for erectile dysfunction and diabetes were also denied.

The case is being remanded for further examination and opinion regarding the Veteran's sleep apnea, skin disability, and tumors (cancer) due to service. The examiner should consider medical literature on the relationship between PTSD and sleep apnea, Agent Orange exposure, and presumed diseases.

The Board has denied the Veteran's claims for service connection for right shoulder arthritis, diffuse arthritis (other than right shoulder), gastrointestinal disorder, obstructive sleep apnea, and chronic headache disorder.

The Board has determined that the Veteran's sleep apnea is not attributable to his military service and does not result from or worsen any service-connected disability.

The Veteran's PTSD has been granted a 70 percent rating since the effective date of service connection on April 20, 2009.

The Veteran's sleep apnea is found to have started during his military service and thus service connection is granted.

The Veteran's appeal has been dismissed as he indicated satisfaction with the award of a TDIU and wished to withdraw his appeals for higher ratings for back and right shoulder disabilities, or entitlement to a TDIU.

The Board has determined that a remand is necessary to obtain clarification on the Veteran's dates of service, verify his active duty and inactive duty for training (INACDUTRA), and provide him with an examination to determine if his obstructive sleep apnea is related to his military service or any service-connected disabilities.

The Board finds that the Veteran's bilateral shoulder disorder is as likely as not related to his active service, and grants service connection for a bilateral shoulder disorder.,There is no evidence of obstructive sleep apnea during service. The VA examiner concluded that it is less likely than not that the current obstructive sleep apnea is related to the Veteran's active service.