Sleep apnea decisions — 2017

The Board has determined that further development is necessary before the claim for service connection for sleep apnea can be decided. The Veteran's symptoms of sleep apnea are presumed to have started during his active military service and he currently has a diagnosis of sleep apnea.

The Board has determined that the Veteran's sleep apnea and memory loss disorder are not related to service, and therefore denied his claims for these conditions.

The Board has remanded the case due to incomplete development and the need for additional examinations.

The Veteran's tinnitus is granted as service-connected. The Board has remanded the remaining issues for additional development, including obtaining VA and private treatment records.

The Board found no evidence of a current sacroiliac disorder or right hip disorder related to service, and denied the claims for these conditions.,For sleep apnea, the Board determined there was insufficient evidence linking it to service, including the service-connected psychiatric disability. The claim was also denied.

The Veteran's appeal is being remanded due to the failure to obtain certain records and for additional examination.

The Veteran's sleep apnea is found to have had its onset during service and is therefore granted as service connected.

The Board finds that the Veteran's OSA is related to service and grants entitlement to service connection for OSA.

The Veteran's appeal is being remanded for additional development to determine the relationship between his sleep apnea and headaches, including whether they are related to service.

The Board has granted service connection for left shoulder and back disabilities, as well as for obstructive sleep apnea. Service connection was also reopened for the Veteran's left ear hearing loss due to in-service noise exposure.

The Board found that the Veteran did not have a current diagnosis of hypertension or sleep apnea, and thus denied service connection for these conditions. The claim for higher evaluations for left lower extremity varicose veins was also denied as there is no evidence showing persistent edema with stasis pigmentation or eczema.

The Board found that the Veteran's degenerative lumbosacral spondylosis was not caused or aggravated by his service-connected lumbosacral strain.,The Board also determined that there is no evidence of bilateral lower extremity radiculopathy related to, or aggravated by, active service.

The Veteran's lumbosacral strain, degenerative disc disease, and intervertebral disc syndrome of the lumbar spine is currently rated at 20 percent. The separate ratings for radiculopathy of the right and left lower extremities are also in place. However, the claim for a TDIU prior to August 16, 2010, or solely due to service-connected lumbosacral strain, degenerative disc disease, and intervertebral disc syndrome of the lumbar spine, with associated radiculopathy of the bilateral lower extremities, prior to January 21, 2014, has been denied.

The Veteran's lumbar spine disability is currently rated at 20 percent and his left shoulder disability is also rated at 20 percent. The Board found that neither condition warranted a higher rating based on the evidence of record.

The Board has remanded the case for additional development, including obtaining medical opinions regarding the etiology of the Veteran's sleep apnea and whether it was caused or aggravated by his opiate abuse and alcohol use.

The Veteran's claims for increased ratings and service connection have been denied. The appeal is not about service connection at all, e.g., a clothing allowance or fee dispute.

The Veteran's PTSD resulted in disability nearly approximating occupational and social impairment with reduced reliability and productivity due to symptoms of anxiety, depressed mood, anger, irritability, hypervigilance, nightmares, and difficulty in establishing and maintaining effective work and social relationships. The Board found his disability picture most nearly approximated the criteria for a 50 percent rating.

The Board has determined that the Veteran's obstructive sleep apnea was incurred in service and his residuals of jaw reconstruction, including TMJD, were also incurred during active duty. The claim for service connection is granted.

The Board has determined that the Veteran's sleep apnea is related to his active duty military service and grants entitlement to service connection for this condition.

The Veteran's claims for service connection for sleep apnea and an acquired psychiatric disorder are being remanded due to the need for additional medical opinions regarding the etiology of these conditions.