Sleep apnea decisions — 2017

The Board denied the Veteran's claims of service connection for various conditions, including hip disorders and psychiatric issues. The primary reasons were lack of evidence linking these conditions to service or service-connected disabilities.

The Veteran's appeal is remanded due to incomplete records and the need for a new VA examination. The issues of entitlement to an increased rating for right leg disability and reopening of service connection claim are inextricably intertwined.

The Board has determined that the Veteran's obstructive sleep apnea was incurred during his active duty service, and thus grants service connection for this condition.

The Veteran's variously diagnosed psychiatric disability, including PTSD, is service connected due to exposure in the Persian Gulf War. His hypertension and sleep apnea are also service-connected based on presumptive criteria related to his active duty service.

The Veteran's low back disability has been manifested by forward flexion to 80 degrees and no incapacitating episodes of intervertebral disc syndrome or separately ratable associated neurological symptoms. The criteria for a higher rating have not been met.

The Veteran's appeal is remanded for additional development, including obtaining VA and private treatment records, as well as a VA examination to determine the nature and etiology of his sleep apnea and PTSD.

The Veteran's sleep apnea is found to be causally related to his active service, and the Board grants service connection for this condition.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's currently diagnosed obstructive sleep apnea was incurred in service. The claim for service connection is granted.

The Veteran's appeal is being remanded for a VA examination to determine the nature and etiology of his diagnosed sleep disorder, including obstructive sleep apnea (OSA), and whether it is related to service or caused by his service-connected PTSD.

The Veteran withdrew his appeal of the denials for service connection and increased ratings, leaving only the severance of service connection for left shoulder tendonitis.

The Board has determined that the Veteran's sleep apnea is not service connected, and specifically denies this claim as it does not meet the criteria for secondary service connection to his maxillary sinusitis.

The Board has determined that the Veteran's claimed conditions, including headaches, hypertension, and sleep apnea, are not service-connected as they were not shown to be related to his military service or any service-connected disabilities.

The Veteran's claims for asthma and obstructive sleep apnea were denied as new and material evidence was not submitted. The claim for diabetes mellitus, type II, was granted with a rating of 100% effective from the date of death.,The claims for neurodegenerative disease (including ALS and PSP) and PTSD/Depression were also granted with a rating of 100%, effective from the date of death.

The Veteran's appeals were denied as the effective date of service connection for sleep apnea was not prior to May 2, 2006 and a higher rating than 50 percent for his sleep apnea was not warranted.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, warranting entitlement to TDIU.

The Veteran's lumbosacral strain was found to have a range of motion that did not meet the criteria for a higher rating from March 7, 2010. The current 20% rating is maintained.

The Veteran withdrew his claim for service connection for obstructive sleep apnea, satisfied with his current combined rating.

The Board has remanded the appeal due to the Veteran's failure to report for scheduled VA examinations. The case is now pending and will be returned to the RO for further action.

The Board has remanded the case for additional development, including obtaining information about the Veteran's exposure to asbestos and explosive remnants during service, and providing a new VA examination to determine the likely etiology of his obstructive sleep apnea. The claim will be reconsidered after these actions.

The Board has reopened the claims for service connection for retinitis pigmentosa and bilateral hearing loss, and finds that these conditions are related to military service.