Sleep apnea decisions — 2017

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected sinus conditions, finding that the medical evidence supports this relationship.

The Veteran is not unable to secure or follow a substantially gainful occupation from November 16, 1968 to October 19, 1994 due to service-connected disabilities.

The Veteran's TDIU claim is being remanded as it is inextricably intertwined with the issues of increased ratings for lumbosacral strain and residuals of a fracture of the 5th metatarsal shaft of the right foot, and service connection for osteoarthritis of the right foot and flat feet. The RO must address these issues when adjudicating the TDIU claim.

The Board has determined that the Veteran does not have a current psychiatric disorder or memory impairment, and these conditions are not related to his military service. The claims for service connection for headaches and a psychiatric disorder including memory impairment are denied.

The Veteran's sleep apnea is considered to have been incurred during active service, and the Board has granted service connection for this condition.

The Board finds that the evidence is in relative equipoise as to whether the Veteran's sleep apnea is secondary to his service-connected PTSD, and thus grants service connection for sleep apnea on a secondary basis.

The Veteran's degenerative changes to the lumbosacral spine are not characterized by forward flexion of the lumbosacral spine being limited to 30 degrees or less, and therefore he is not entitled to an evaluation in excess of 20 percent.

The Veteran's appeal is being remanded for additional development, including obtaining missing VA treatment records and providing VA examinations to assess the severity of her service-connected lumbosacral strain and right lower extremity radiculopathy.

The Board found that the appellant does not have a current disability for any of the conditions she claimed, and thus denied all service connection claims.

The Board found that the Veteran's disability picture does not present an exceptional and unusual disability picture which renders impracticable the application of the regular schedular standards, thus denying a referral for extraschedular evaluation.

The Board found that the Veteran's sleep apnea is not directly related to service, and it was less likely than not caused or aggravated by his service-connected PTSD. The examiner also concluded that the Veteran's orthopedic disabilities did not cause him to become obese, which would be necessary for a secondary service connection claim based on obesity.

The Veteran's claims of service connection for sleep apnea, skin condition, and diabetes mellitus were dismissed as the Veteran withdrew them. The Board denied service connection for diabetes mellitus due to lack of exposure to herbicide agents during service.

The Veteran's service-connected disabilities do not result in inability to obtain or maintain substantially gainful employment.

The Board found that the Veteran's current obstructive sleep apnea did not have onset in service and was not caused or permanently aggravated by his active military service, thus denying his claim for service connection.

The Board found that the Veteran's currently diagnosed Obstructive Sleep Apnea is not causally or etiologically related to service, including exposure to hazardous gases during service.

The Board has granted service connection for an acquired psychiatric disorder, but denied service connection for hypertension, heart disorder, sleep apnea, back disorder, diabetes, and hypogonadism all as the result of exposure to radar.

The Veteran withdrew their appeal regarding the issue of service connection for a sleep disorder other than sleep apnea.

The Veteran's PTSD is rated at 50 percent, and the service-connected disabilities do not meet criteria for a higher rating. The Veteran's recurrent right ear perforated tympanic membrane and recurrent otitis media are rated under Diagnostic Codes 6201-6211.

The Veteran's appeals have been withdrawn. The Board has determined that the Veteran does not have a current diagnosis of a right testicular/groin disability, right leg disability, or lumbosacral spine disability. Service connection for these conditions is denied.

The Veteran's appeal is being remanded for additional development, including a new examination to determine the nature and etiology of his sleep apnea.