Sleep apnea decisions — 2017

The Veteran withdrew his appeal for service connection for sleep apnea, including as secondary to PTSD. The Board has dismissed the claim.

The Veteran's hypertension was not shown to have been present in service or for many years thereafter, nor is it the result of any incident occurring during his military service. The Board denied the claim for service connection for hypertension.

The Veteran's claim for an increased rating for his service-connected lumbar degenerative disc disease with scar is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a new examination.

The Board has reopened the Veteran's claim for service connection for a back disability and finds that his current degenerative disc disease and degenerative joint disease of the thoracolumbar spine had its onset in service, including INACDUTRA. The Board also finds that his neck disability had its onset in service, including INACDUTRA.

The Veteran's service connection claims for headaches and obstructive sleep apnea have been granted.

The Board has remanded the case for additional development due to incomplete opinions and need for further examination.

The Veteran's appeal is being remanded for further development, including obtaining updated treatment records and conducting VA examinations to assess the severity of his sleep apnea, left shoulder disabilities, and scar condition.

The Veteran's right shoulder disability was rated at 10 percent prior to December 1, 2009 and at 20 percent from December 1, 2009 to April 12, 2010. From April 12, 2010, the rating remained at 40 percent.,The Veteran's lumbosacral spine disability was rated at 20 percent prior to January 11, 2007 and at 40 percent from January 11, 2007.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea, bilateral sensorineural hearing loss disability, and tinnitus as there was no evidence of a nexus between these conditions and his military service.

The Board has determined that the Veteran's hypertension and obstructive sleep apnea are related to his service, meeting the criteria for direct service connection.

The Veteran's obstructive sleep apnea is found to have had its onset during active service, and he is granted service connection. For his left knee disability, a temporary total rating for partial knee replacement is granted effective April 30, 2007, with a subsequent rating of 10% following the temporary total period.

The Veteran's sleep apnea is found to have begun in service and the Board finds it as likely as not that his current condition began during active duty. The remaining issues are addressed in the REMAND portion of the decision below.

The Veteran is seeking service connection for sleep apnea, which he claims is related to his service-connected PTSD. The Board finds that an additional VA medical opinion is necessary before a decision can be made on the claim.

The Veteran's lumbosacral strain disability has been rated as 10 percent disabling throughout the appeal period.,The Veteran's bilateral hearing loss disability does not meet the criteria for a compensable rating.

The Board is remanding the case for additional development, including obtaining outstanding medical records and providing a new VA medical opinion to determine if the Veteran's primary or contributory causes of death were due to service-connected disabilities.

The Veteran's appeals have been dismissed due to the withdrawal of his appeal by his representative.

The Board has reopened the Veteran's claim for service connection for vertigo and is considering multiple other claims, including those related to sleep apnea, Peyronie's disease, hypertension, chronic kidney disease, liver condition, COPD, peripheral neuropathy of the bilateral lower extremities, and a chronic disability related to pre-diabetes and hyperglycemia. The Veteran has not met the criteria for service connection in all cases.

The Board has remanded the case due to inadequate VA examinations and new evidence is needed for a proper determination of service connection for prostate disability and sleep apnea.

The Board has remanded the claims for additional development due to the Veteran's failure to attend scheduled VA examinations. The case is now pending and will be returned to the Board after further adjudication.

The Veteran's claim for service connection for obstructive sleep apnea, to include as secondary to his service-connected PTSD, is denied because there is no diagnosed or identifiable underlying current sleep disorder.