Sleep apnea decisions — 2017

The Veteran's PTSD was granted a 50% rating prior to October 6, 2016 and an increased 70% rating thereafter. The Veteran also received a compensable disability rating for migraine headaches and allergic rhinitis.

The Board has determined that the Veteran's sleep apnea is related to service, resolving all reasonable doubt in his favor.

The Board has determined that the Veteran's sleep apnea is not service-connected, but it may be secondary to his service-connected PTSD.

The Board has decided to remand the case for further development due to a lack of consideration of the Veteran's history and symptoms related to his back injury during service.

The Veteran's claim for service connection for tuberculosis residuals and his increased rating claims for lumbosacral strain have been denied. The Board found that the evidence did not support a higher rating for his lumbar spine disability, but granted a separate 10% rating for left lower extremity radiculopathy.

The Board has determined that the Veteran's claims for service connection for hypertension, obstructive sleep apnea, and a respiratory disorder are denied as there is no evidence to support these conditions being related to his military service or any incident of service origin.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during her active duty service and grants service connection for this condition.

The Veteran's appeal was granted. He is now in receipt of a 40% disability rating for his service-connected lumbosacral strain, effective from the date of the decision. His major depressive disorder remains rated at 30%, prior to February 23, 2017 and in excess of 50% thereafter. He is also granted TDIU since February 23, 2017.

The Board found that the Veteran's preexisting sleep disorder, specifically Obstructive Sleep Apnea (OSA), did not worsen during his active duty service and thus denied service connection for OSA.

The Board denied the Veteran's claims for service connection for a cardiac disability, right elbow disability, tinnitus, acquired psychiatric disability (including a phase of life problem, adjustment disorder, anxiety, and depression), sleep apnea, chronic fatigue, rhinitis, and carpal tunnel syndrome. The rating for hemorrhoids was also denied.

The Veteran's appeal has been withdrawn, resulting in the dismissal of the case.

The Board has remanded the case for additional development to obtain a VA examiner's opinion regarding the etiology of the Veteran's sleep apnea and whether it is aggravated by his service-connected costochondritis, acquired psychiatric disorder, or allergic rhinitis/chronic sinusitis.

The Veteran's claims for increased ratings for lumbosacral strain and patellofemoral syndrome of the right knee were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's lumbosacral spine disability is rated at 20 percent, but the Board finds that it does not meet the criteria for a higher rating based on the current evidence of record.

The Veteran's claim of reopening his service connection for sleep apnea is currently pending. The Board has determined that new and material evidence has been received, but the case must be remanded to obtain a VA examination and opinion regarding whether the Veteran's current sleep apnea disability is related to his active duty service.

The Veteran's sleep apnea and acquired psychiatric disorder (depression) are service-connected, but his PTSD claim is denied. The Board also granted the Veteran's request to withdraw the issue of whether new and material evidence had been received to reopen a claim for arthritis.

The Board has granted service connection for hypertension, stroke as secondary to hypertension, and sleep apnea. Hypertension is found to have been aggravated by service. The stroke was caused by the now-service-connected hypertension. Sleep apnea is considered to have had its onset during the Veteran's period of active service from October 2003 to February 2005.

The Veteran's appeal is being remanded due to the need for additional examinations and opinions regarding his service-connected disabilities, as well as new evidence added to his claims file. The issues include evaluations for various knee and ankle conditions, a compensable evaluation for bronchitis, and service connection for obstructive sleep apnea and left knee arthritis.

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

The Veteran's low back disability, including lumbosacral strain and degenerative disc disease of the lumbosacral spine, was incurred in service.