Sleep apnea decisions — 2017

The Board found that the Veteran's OSA did not have its onset during his period of service and is not otherwise related to his military service, including exposure to environmental hazards in Southwest Asia.

The Veteran's lumbar spine disability is not service-connected, and the Board finds that there is no causal relationship between his current thyroid cancer or esophageal disability and his military service. The left shoulder disability remains undiagnosed.

The Board has determined that the Veteran is entitled to a TDIU beginning December 1, 2016, due to his service-connected disabilities.

The Veteran's low back disorder was rated at 20 percent from January 2, 2013 to April 22, 2016. After this date, the rating increased to 40 percent.,Effective May 1, 2013, the Veteran is entitled to a TDIU and DEA benefits with earlier effective dates of May 1, 2013.

The Veteran's service-connected disabilities, including depressive disorder and multiple musculoskeletal conditions, have rendered her unable to secure or follow substantially gainful employment since May 1, 2007.

The Veteran's claims for increased ratings have been withdrawn. The remaining issues are remanded for further development and readjudication.

The Veteran's claims of service connection for positive PPD reaction and atrial fibrillation have not been determined. The remaining issues, including urinating difficulties, are denied.

The Board denied the Veteran's claims of entitlement to service connection for PTSD, erectile dysfunction, sleep apnea, and right shoulder disorder. The denial is based on a lack of credible evidence supporting the claimed in-service stressors for PTSD.

The Veteran's major depressive disorder was incurred in active service and the Board finds that service connection is warranted.

The Veteran was rendered unable to obtain or maintain gainful employment due to his service-connected disabilities prior to October 2, 2014.

The Veteran's appeal is being remanded for additional development to determine the nature and etiology of his acquired psychiatric disability, including PTSD, and sleep apnea. The VA will also obtain updated medical records and schedule him for a new examination.

The Board has granted service connection for metabolic myopathy, obstructive sleep apnea, and a respiratory disorder (including restrictive lung disease and asthma), finding that the Veteran's conditions are related to his active duty service.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for sleep apnea. The Veteran's current diagnosis of obstructive sleep apnea is found to be related to his active military service, with symptoms noted during service and continuing since then.

The Veteran's appeal for service connection for sleep apnea has been dismissed due to his death.

The Veteran's service-connected disabilities prevent him from securing and maintaining substantially gainful employment, and the Veteran has been assigned a single disability rating that is at least 60 percent disabling. Therefore, TDIU is granted.

The Board has granted service connection for obstructive sleep apnea, finding that the preponderance of the evidence is in favor of a relationship to service. Service connection was not established for diabetes mellitus and hypertension due to lack of exposure to herbicides.

The Board denied the Veteran's claim for service connection for a disability manifested as sleep disturbance due to an undiagnosed illness, finding that his symptoms of sleep disturbance were related to his service-connected major depressive disorder and/or sleep apnea.

The Board finds that the Veteran's sleep apnea did not have its onset during or within one year after his active duty service, and is not caused or aggravated by his bronchial asthma or PTSD. Therefore, the claim for service connection for sleep apnea is denied.

The Board has determined that the Veteran's sleep apnea is etiologically related to his active duty service and granted service connection for this condition. The initial compensable rating claim for residuals of a fracture of the third toe of the right foot remains pending.

The Board found that the Veteran's sleep apnea was not manifest during service and is not related to his military service, including as a result of service in Southwest Asia or due to a service-connected disability. The claim for service connection for sleep apnea is denied.