Sleep apnea decisions — 2017

The Veteran's claims for service connection for joint pain, sleep apnea secondary to PTSD, and dizziness have been denied. The VA examiner found no evidence of a disability characterized by joint pain related to active duty service or herbicide exposure. For the issues involving residuals of a broken left leg and dizziness, another examination is needed as the current examinations did not adequately address the impact of flare-ups on range of motion.

The Veteran's sleep disorder and hypertension were not incurred or aggravated by his military service, nor are they presumed to have been incurred due to exposure to herbicide agents. The Board found no evidence of a nexus between the Veteran's current conditions and his military service.

The Board denied the Veteran's claims for service connection of his left hip condition, obstructive sleep apnea, and heart condition as secondary to his service-connected parathyroidectomy with a history of hyperthyroidism.

The Veteran's claim for service connection for the residuals of pneumonia is being remanded due to insufficient detail in the May 2017 VA medical examination report regarding his right lung abnormalities documented in his service treatment records.

The Veteran's appeal is being remanded for a new VA examination to assess the severity of his lumbosacral strain, as the previous examination did not include testing for pain in active and passive motion and in weight-bearing and non-weight-bearing.

The Board has denied the Veteran's claims for service connection for sleep apnea and for increased ratings for lumbosacral strain, bilateral plantar fasciitis, hemorrhoids, and tinea pedis. The appeal is dismissed.

The Veteran's obstructive sleep apnea with asthma was granted a higher initial rating of 50 percent effective February 14, 2008.

The Veteran's claim for service connection for chronic obstructive sleep apnea, to include as secondary to his service-connected hypertension, is being remanded due to the need for a VA examination to address the etiology of his sleep apnea and whether it is aggravated by his service-connected hypertension.

The Board has determined that the Veteran's sleep apnea did not manifest during service or for many years thereafter, and is not otherwise related to disease, injury or other event in active service. Therefore, the claim for service connection for sleep apnea is denied.

The Veteran's sleep apnea is found to have originated during his military service and granted service connection. The acquired psychiatric disorder (adjustment disorder with mixed anxiety and depressed mood) is also found to be related to service, but the exact nature of the relationship needs further clarification. Service connection for a bilateral knee condition is denied due to lack of evidence showing aggravation or onset in service.

The Veteran seeks service connection for obstructive sleep apnea, which was formally diagnosed following a January 2009 sleep study. The appeal is currently remanded to obtain additional medical opinions and determine the etiology of his sleep apnea.

The Board finds that the Veteran's sleep disability is etiologically related to his service-connected bilateral lower extremity disability (bilateral shin splints), and grants service connection for a sleep disability.

The Board found that the evidence does not support a finding of service connection for obstructive sleep apnea, as it is less likely than not related to service or caused by his service-connected psychiatric disorder (PTSD).

The Veteran's claim for service connection for a sleep disability, including sleep apnea as secondary to PTSD or exposure to Agent Orange, was denied. The Board also found that the Veteran did not meet the criteria for an increased rating for headaches and PTSD, but granted TDIU based on his service-connected disabilities.

The Veteran's asbestosis has been granted service connection based on in-service asbestos exposure. The Board also found that the Veteran's current diagnoses of emphysema, chronic obstructive pulmonary disease (COPD), and sleep apnea are related to his service-connected asbestosis.

The Board found that the Veteran's diabetes mellitus type II and obstructive sleep apnea were not incurred or aggravated during service, nor are they related to a service-connected disability. The appeals for these conditions have been denied.

The Veteran's lumbosacral spine disability is currently rated at 20 percent, effective from the date of the claim. The rating reflects limitation of motion with forward flexion to 40 degrees and no evidence of ankylosis or favorable ankylosis.

The Board found no evidence of sleep apnea during or in proximity to the appeal period and denied the Veteran's claim for service connection.

The Veteran's lumbosacral strain has been rated at 40 percent since April 18, 2007. The rating is based on the limitation of motion and associated symptoms such as pain, weakness, and guarding.

The Veteran's appeal primarily concerns ratings for various service-connected disabilities, including PTSD, GERD, neck and low back disabilities, radiculopathies, acne scarring, circumcision residuals, and chicken pox. The Board has determined that the Veteran is entitled to increased ratings in some cases but not others.