Sleep apnea decisions — 2017

The Board found that the Veteran did not meet the criteria for service connection for any of his claimed conditions, including a low back disorder, bilateral shoulder and hip disorders, cervical spine disorder (neck), or insomnia disorder (claimed as sleep apnea). The evidence did not establish a link between these conditions and active duty service.

The Board has determined that the Veteran's sleep apnea is a result of his service-connected chronic sinusitis, and thus grants the claim for secondary service connection.

The Board has determined that the Veteran's current obstructive sleep apnea disability is not related to his active duty service or caused by or aggravated by his service-connected hypertension, kidney disease and/or diabetes mellitus.

The Board has determined that the Veteran's acquired psychiatric disorders, other than PTSD, and sleep apnea are not related to service or service-connected conditions.

The Board has determined that the Veteran does not have a current gum disorder, gastrointestinal disorder, sleep apnea, or eye disability for VA compensation purposes. The preponderance of evidence fails to establish any such disorders are related to service.

The Board has determined that the Veteran's back disability is not related to his active service or due to a service-connected disability, including as secondary to his service-connected pes planus and bilateral ankle disabilities.

The Board has determined that the Veteran does not have a current disability of bilateral hearing loss or sleep apnea that is related to his active military service. The claim for service connection for these conditions is therefore denied.

The Board found that the Veteran's sleep apnea did not have its onset during service and is not otherwise related to active service or caused by his service-connected sinusitis. Therefore, the claim for service connection was denied.

The Board has determined that additional development is necessary for the Veteran's claims of service connection for a low back disability and sleep apnea secondary to PTSD. Specifically, a VA examination is needed to determine if his current lumbar spine disability is related to service, and whether his current sleep apnea is at least as likely as not caused or aggravated by his service-connected PTSD.

The Veteran's degenerative arthritis of the thoracolumbar spine is found to be at least as likely as not incurred during service, and therefore service connection for this condition is granted.

The Veteran's claims for service connection for a left shoulder disability, respiratory disorder (other than obstructive sleep apnea), and obstructive sleep apnea have been denied as the evidence does not support a finding that these conditions are related to his military service.

The Veteran's service-connected disabilities prior to September 17, 2007 did not meet the schedular requirements for a TDIU. The claim is denied.

The Board has denied the Veteran's claims for service connection for sleep apnea and an increased rating for his left shoulder disability, finding that there is no evidence to support a link between these conditions and his military service.

The Board has determined that the Veteran's current sleep apnea is not related to his active military service and does not meet the criteria for secondary service connection based on his service-connected other specified trauma/stressor-related disorder. As such, the claim for service connection for sleep apnea is denied.

The Veteran's appeal is being remanded for further development, including a VA examination to determine if he needs regular aid and attendance or is housebound due to service-connected disabilities. The issue of SMC based on loss of use of the bilateral lower extremities has also been raised.

The Board has granted service connection for Restless Legs Syndrome and Obstructive Sleep Apnea, finding that both conditions are etiologically related to the Veteran's period of active military service. The one-year presumption for chronic diseases was applied in determining service connection for Restless Legs Syndrome.

The Board has decided to remand the case for additional development, including scheduling a VA examination and obtaining outstanding treatment records. The Veteran's claim for service connection for sleep apnea will be reconsidered after this additional development.

The Veteran's service-connected lumbosacral spine degenerative disc disease, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity are now rated at 40 percent effective May 5, 2017.

The Veteran's sleep apnea syndrome is not service connected as there is no evidence linking the condition to his military service.

The Board has determined that the Veteran's sleep apnea and hypertension are not related to his service-connected asthma, and therefore denied both claims.