Sleep apnea decisions — 2017

The Veteran's claims for service connection for bilateral hearing loss, an acquired psychiatric disorder (including PTSD and depression), and a sleep disorder (obstructive sleep apnea) were denied. The effective date for the award of service connection for tinnitus was set at December 10, 2009.,The Veteran's claim for an earlier effective date for the grant of service connection for tinnitus prior to December 10, 2009, is not supported by the evidence.

The Board found that the Veteran's migraine headaches, sleep apnea, and asthma were not incurred in or related to active duty service.

The Board found that the Veteran's obstructive sleep apnea was not incurred in service and is not related to his service-connected PTSD or any undiagnosed illness. The VA examiner concluded that there is no evidence of a causal relationship between the Veteran's sleep apnea and his active military service, including in-service environmental exposures, or his service-connected PTSD.

The Veteran's appeal is being remanded for additional development, including an updated VA examination to assess the current severity of his lumbosacral strain with degenerative joint disease L5-S1.

The Board has determined that additional development is needed to determine if the Veteran's obstructive sleep apnea is related to his in-service fatigue and/or his service-connected COPD, and whether this condition was permanently worsened by his service-connected COPD.

The Veteran's claims of service connection for sleep apnea and increased rating for hypertension have been dismissed as the Veteran withdrew these claims prior to their adjudication.

The Veteran's claim for service connection for lumbosacral strain, claimed as back pain, is being remanded due to the need for a VA examination and etiology opinion.

The Board has determined that additional development is needed to address the Veteran's claims, including obtaining updated VA treatment records and determining if he was exposed to Agent Orange during service. The case is therefore being remanded for these purposes.

The Board has remanded the case for additional development, including obtaining missing private medical records and a new VA examination to determine if the Veteran's sleep apnea is secondary to his service-connected PTSD. The examiner was asked to provide an opinion on whether it is at least as likely as not that the Veteran's currently diagnosed sleep apnea is caused by or aggravated by his service-connected PTSD.

The Veteran's lumbosacral strain with degenerative disc disease and spinal stenosis was granted a 40 percent rating effective January 24, 2017. Separate ratings of 20 percent were assigned for radiculopathy of the left lower extremity from August 22, 2012, and for radiculopathy of the right lower extremity from August 22, 2012.

The Veteran's appeal is being remanded for additional development, including scheduling VA examinations and obtaining outstanding treatment records.

The Board found that the Veteran's skin conditions, including actinic keratosis, solar lentigines, seborrheic keratosis, and rosacea, did not originate in service or due to Agent Orange exposure. The Board determined that these conditions were more likely related to long-term sun exposure post-service.

The Board finds that the Veteran's sleep disorder, specifically obstructive sleep apnea (OSA), is not related to service. The evidence does not show any in-service complaints or diagnoses of OSA and there are no objective indications of a qualifying chronic disability during his active duty.

The Board has remanded the case due to outstanding service treatment records from the Veteran's period of active duty in Afghanistan. The claims for sleep apnea and a low back disorder will be reconsidered after these records are obtained.

The Board has granted the Veteran's claim to reopen his previously denied claim of entitlement to service connection for sleep apnea and has also determined that he is entitled to service connection for this condition. The decision supports the Veteran's assertions of in-service symptoms and a private physician's opinion linking the current sleep apnea to service.

The Veteran's claims for a higher initial rating for lumbar sacroiliitis with left lumbar facet syndrome and TDIU are being remanded due to the need for additional examinations and opinions.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating or service connection for any of the conditions listed.

The Board has determined that the Veteran's sleep apnea is not related to his military service or any service-connected conditions, and thus denied the claim.

The Board has determined that the Veteran's sleep apnea did not manifest during service and is not caused or aggravated by his hypertension. Therefore, the claim for service connection for sleep apnea is denied.

The Board has remanded the case for further development, including a VA examination to determine the etiology of any sleep disorder found and whether it is proximately due to or aggravated by the Veteran's service-connected residuals of a fractured right frontal sinus.