Sleep apnea decisions — 2017

The Board found that the Veteran does not have a current disability related to his in-service uvula excision, sleep apnea, or hypertension. The claims for these conditions were denied as they are not service-connected.

The Veteran's lumbosacral strain is characterized by increased chronic low back pain and corresponding functional impairment, more nearly approximating limitation of flexion to 30 degrees or less. The Board finds that a rating of 40 percent, but not higher, for lumbosacral strain has been met.

The Veteran's lumbosacral strain was evaluated at a 20 percent rating for the period prior to July 5, 2011. The Board found that his symptoms did not warrant an evaluation in excess of this level.

The Board has determined that the Veteran's sleep apnea did not manifest in service or within the first post-service year, and is unrelated to his service-connected nose fracture. The preponderance of evidence does not support a finding that the Veteran's sleep apnea was caused by or aggravated by his service-connected condition.

The Board has remanded the case due to the Veteran's request for a Travel Board hearing. The appeal is not ready for final decision and needs further development.

The Veteran's low back disability is currently rated at 20 percent, reflecting the severity of his symptoms and functional impairment. The claim for service connection for an acquired psychiatric disorder was granted.

The Board has determined that additional development is needed to determine if the Veteran's sleep apnea is related to his military service. The case will be returned to the AOJ for this purpose.

The Veteran's appeal is being remanded due to the need for additional examinations and evaluations of his service-connected disabilities, specifically his back disability and left ear hearing loss.

The Veteran's claim for an increased rating for lumbosacral strain was granted, and the effective date of this grant is set at March 7, 2012.

The Board has decided to remand the case for further development, including obtaining a VA examination and ensuring all relevant records are associated with the claims file.

The Board has remanded the case due to inadequate medical opinions regarding whether the Veteran's right knee and low back disabilities were aggravated by his service-connected left knee disorder.

The Board finds that the Veteran's obstructive sleep apnea is not directly related to his active service or secondary to his service-connected PTSD, and therefore denies service connection for this condition.

The Veteran's appeal is granted, with service connection for obstructive sleep apnea established and increased ratings for PTSD, asthma, right shoulder rotator cuff tear residuals, right lower extremity peripheral neuropathy, left lower extremity peripheral neuropathy, cerebrovascular accident (CVA) residuals, seborrheic dermatitis, and hypertension. The Veteran is also granted TDIU as of August 28, 2009.

The Veteran's service-connected conditions do not prevent her from securing and following substantially gainful employment.

The Board has ordered a remand due to the need for further development and clarification of the VA sleep apnea examination report. The Veteran's service connection claim will be reconsidered based on the additional evidence.

The Board has determined that the Veteran does not have a current diagnosis of PTSD and therefore cannot establish service connection for an acquired psychiatric disorder. The acquired psychiatric disorders, including polysubstance abuse and unspecified depressive disorder, are found to be less likely related to service-connected disabilities.

The Veteran's diabetes mellitus was not caused by or made worse by any service-connected conditions, and thus cannot be granted as secondary to a service-connected condition.,Sleep apnea is not shown during service and the onset of sleep problems leading to diagnosis occurred after discharge. Therefore, it cannot be linked to service.

The Veteran seeks an increased evaluation for a lumbosacral strain with degenerative changes, currently rated as 10 percent disabling from October 2, 2007 to June 17, 2014, and as 20 percent thereafter. The case is being remanded due to inadequate VA examination opinions regarding additional functional loss due to flare-ups.

The Veteran's service-connected disabilities did not prevent him from obtaining and maintaining substantially gainful employment prior to May 1, 2013.

The Veteran's sleep apnea was not incurred in service and is not proximately due to or aggravated by his service-connected hypertension. The Board denied the claim for service connection.