Sleep apnea decisions — 2017

The Board has determined that a new VA examination is necessary to address the Veteran's claim for service connection of obstructive sleep apnea, as the existing evidence and opinions are inadequate.

The Veteran's squamous cell carcinoma of the base of the tongue/throat and related residuals are service-connected due to exposure to contaminated water from Camp Lejeune. The metastatic lymphadenopathy is also service-connected as it was a result of his primary cancer.,His depressive disorder is service-connected on a secondary basis, as it developed as a result of his service-connected cancer. His low back disability is service-connected based on the in-service trauma he experienced during parachute training.

The Veteran seeks service connection for sleep apnea. The case is being remanded to obtain additional medical opinions and potentially new evidence.

The Veteran's service-connected disabilities and vocational background have not prevented him from obtaining or maintaining substantially gainful employment prior to February 12, 2014.

The Veteran's appeal for a TDIU and increased ratings for lumbosacral degenerative arthritis and PTSD has been dismissed. The Board finds that the preponderance of the evidence is against an increase in disability rating for PTSD prior to September 12, 2016, and since then, as well as for lumbosacral degenerative arthritis.

The Board has determined that the Veteran's obstructive sleep apnea is etiologically related to his period of active service and grants the claim for service connection.

The Board has remanded the case for additional development, including obtaining a new VA examination to address the Veteran's range of motion and functional loss due to flare-ups.

The Veteran is seeking service connection for sleep apnea, which he claims is secondary to his service-connected PTSD. The Board has determined that a remand is necessary as the February 2014 VA examination did not address whether the Veteran's current sleep apnea was aggravated by his service-connected PTSD.

The Veteran's lumbar spine disability is currently rated at 40 percent, and the appeal for an increased rating has been denied.

The Veteran withdrew his appeals for increased disability evaluations and rating reductions, as well as TDIU.

The Veteran's sleep apnea was granted effective from the date of his claim to reopen, September 15, 2009. Prior to March 3, 2014, he had persistent daytime hypersomnolence warranting a 30% rating; thereafter, he required use of a breathing assistance device (CPAP) and warrants a 50% rating.

The Board has determined that the evidence is at least evenly balanced as to whether the Veteran's sleep apnea is related to his service-connected disorders, particularly PTSD and physical disabilities. Therefore, the claim for service connection for obstructive sleep apnea is granted.

The Veteran's appeal is remanded for further development, including obtaining VA treatment records and providing an addendum opinion on the nature and etiology of his sleep apnea.

The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance or housebound status is being remanded due to the need for additional examination and development of records.

The Board has granted service connection for lumbosacral strain and assigned an initial rating of 20 percent, effective August 11, 2003. The Veteran's claim for a higher initial rating remains pending.

The Veteran's degenerative joint disease of the lumbosacral spine is rated at 40 percent since April 7, 2011. The rating for radiculopathy in both lower extremities remains at 20 percent.

The Board has determined that the Veteran's obstructive sleep apnea was not present during service, and is not related to her service or a service-connected disability. Therefore, the claim for service connection for OSA is denied.

The Veteran's appeal is being remanded for scheduling a videoconference hearing before the RO. The issues of service connection and increased rating for PTSD with alcohol use disorder are pending.

The Board has determined that the Veteran's sleep apnea is related to his military service and grants service connection for this condition.

The Board has remanded the case due to inadequate examination and new evidence submission, and will not issue a remand for TDIU issues until further notice.