Sleep apnea decisions — 2017

The Veteran's service-connected PTSD is rated at 50% from June 26, 2008 to May 20, 2014. The effective date for the TDIU rating has been set at June 26, 2008.

The Veteran's kidney stones manifested to a compensable degree within one year of service, and the Board has granted service connection for this condition.

The Veteran's claim for service connection for sleep problems, including as due to undiagnosed illness, is being remanded for additional development. The examiner will assess whether the Veteran has a separate diagnosis of a sleep disorder and determine if his sleep problems are related to his period of active duty.

The Board has determined that the Veteran's current sleep apnea was not incurred during her military service and is therefore denied.

The Board found no evidence of the required elements to warrant a higher rating for diabetes mellitus prior to April 8, 2011. From that date forward, the Board also found no evidence of episodes of ketoacidosis or hypoglycemic reactions requiring hospitalizations or visits to diabetic care providers, thus denying a higher rating for diabetes mellitus.,The Veteran's dermatofibrosarcoma protuberans was rated as 30 percent disabling throughout the appeal period and denied an increased rating.

The Board has determined that the Veteran's sleep apnea did not have onset during active service and is not otherwise related to active service. The Board also found that sleep apnea was not caused or aggravated by any of his service-connected disabilities, including degenerative disc disease of the cervical spine and gastroesophageal reflux disease (GERD).

The Board has determined that the Veteran's sleep apnea manifested in service and granted service connection for this condition.

The Veteran's claim for an increased rating for his lower back disability and initial rating for his left leg radiculopathy was denied. The lower back disability is currently rated at 40 percent, while the left leg radiculopathy is rated at 10 percent.

The Board denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, gastrointestinal disorder, chronic fatigue syndrome, left knee disability (arthritis), bilateral athlete's foot, muscle pain, joint pain, sleep disorder (sleep apnea), and respiratory disorder (asthma). The appeal was dismissed due to withdrawal of these issues.

The Veteran's death in August 2010 was not related to a service-connected disability or service, and the Board finds no basis to grant service connection for any of the issues raised.

The Board has determined that the Veteran's sleep apnea and gastroesophageal reflux disease (GERD) are service-connected, with reasonable doubt resolving in favor of the Veteran.

The Veteran's appeal is being remanded for further development, including a new examination to assess the severity of his PTSD and leiomyosarcoma.

The Board has remanded the claims of service connection for sleep apnea and migraines due to new evidence received since the last final denial. The Veteran's testimony indicates that his headaches began in service, and VA treatment records suggest a possible link between his current migraine headaches and service.

The Veteran's appeal is being remanded due to an audio malfunction during his September 2016 videoconference hearing. He was granted a service connection for right knee instability in July 2016 and that claim is not currently on appeal.

The Board has remanded the Veteran's claims of entitlement to service connection for sleep apnea and hypertension due to incomplete compliance with previous remand instructions. The case is returned to the AOJ for further development.

The Board has determined that the Veteran does not have a current obstructive sleep apnea, left knee disability, or left middle finger disability. The claims for these conditions are therefore denied.

The Board has remanded the Veteran's claims due to inadequate examinations and additional development is needed.

The Board finds that the evidence is against a finding that the Veteran's sleep apnea began during or is otherwise related to service, and it is also not caused by his service-connected knee disability. Therefore, the claim for service connection for a sleep disorder is denied.

The Board denied service connection for sleep apnea and found that the Veteran's depressive disorder warrants a 50 percent evaluation, effective date is not specified.