Sleep apnea decisions — 2017

The Board denied the Veteran's claim for a waiver of recovery of an overpayment of service-connected compensation benefits in the calculated amount of $24,239.47 due to fault on the part of the Veteran and lack of undue hardship.

The Board found that the Veteran's current lumbosacral and cervical spine disabilities are not related to his active service.

The Veteran's lumbosacral strain was granted a 20% rating prior to January 10, 2013 and a 40% rating between January 10, 2013 and August 19, 2016. The TDIU claim is granted effective from August 19, 2016.

The Board has determined that the evidence is in relative equipoise as to whether the appellant's obstructive sleep apnea was incurred in active service, and grants service connection for this condition. The other issues on appeal are not addressed due to the remand status of these claims.

The Veteran's service-connected chronic lumbosacral strain with spondylosis has been productive of severe pain with functional impairment and limited motion during flare-ups, equivalent to range of motion findings of flexion limited to at least 30 degrees. The Board finds that the criteria for a 40 percent rating are met from September 1, 2010.

The Veteran's bilateral hearing loss has been rated as noncompensable, and the claim for a compensable rating is denied.,There is no evidence of a current diagnosis of obstructive sleep apnea (OSA) in the record. The issue of service connection for OSA is therefore denied.

The Board has determined that the Veteran's obstructive sleep apnea was not incurred in or aggravated by active service and is not secondary to his service-connected PTSD. The claim for service connection is therefore denied.

The Veteran's lumbosacral strain is currently rated at 40 percent, effective December 6, 2016. The Board found that the evidence did not support a higher rating prior to this date.

The Board has determined that the Veteran's current left knee, cervical spine, and lumbosacral spine disabilities are not related to his military service.

The Board has denied the Veteran's claims of service connection for hypertension, sleep apnea, a kidney disorder, and anemia. The preponderance of evidence does not show these conditions were incurred in or aggravated by military service.

The Board has determined that the Veteran's sleep apnea is not related to his service and is not caused or aggravated by his service-connected PTSD. The Board also found no evidence linking the Veteran's allergy disorder to his service.

The Board has remanded the case for referral to the VA Director of Compensation Service for adjudication of a TDIU under 38 C.F.R. § 4.16(b). The Veteran is notified that failure to complete and return the requested TDIU claim form will result in abandonment of the claim per 38 C.F.R. § 3.158.

The Veteran's lumbosacral strain has been rated at 20 percent disabling, but the evidence does not support a higher rating due to functional loss or ankylosis.

The Veteran's sleep apnea is found to have started during service and the Board grants service connection for this condition.

The Veteran's claim for a higher rating for his service-connected degenerative disc disease of the lumbosacral spine was denied. The current evaluation is 40 percent disabling, effective April 11, 2016.

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

The Board has determined that the Veteran's current back disability is related to her service-connected right knee realignment with patellofemoral pain, and thus grants service connection for chronic lumbosacral spine strain with degenerative changes and left sided radiculopathy as secondary to her service-connected right knee disability.

The Board has determined that the Veteran likely suffered from sleep apnea symptoms during service and was diagnosed with post-service. The Board finds that the Veteran's condition had its onset in service, resolving reasonable doubt in his favor.

The Board found no evidence that the Veteran's obstructive sleep apnea (OSA) began during her military service and denied her claim for service connection.

The Board has remanded the case for additional development, including obtaining medical opinions and securing outstanding records. The Veteran's son's eligibility as a helpless child of the Veteran is being reconsidered, while his claim for service connection for obstructive sleep apnea will be evaluated based on whether it is at least as likely as not that his already service-connected disabilities caused or aggravated his obesity.