Sleep apnea decisions — 2017

The Board has reopened the Veteran's claim of service connection for a lumbar spine disability and has determined that new and material evidence has been received. The Board also found that the Veteran's current diagnosis is due to his active duty service.

The Veteran's appeal is remanded due to the need for additional medical records and a new VA examination. The case will be returned to the Board after these actions are completed.

The Board has granted service connection for sleep apnea, tinnitus, left ear hearing loss, and headaches. The Veteran's claims are supported by competent lay evidence of continuity of symptoms since service.

The Veteran's tinnitus is related to service, as evidenced by his military occupational specialty and the onset of symptoms shortly after service. Service connection for this condition is granted.,Service connection for right ankle strain is denied because there is no evidence linking it to active duty service.,Service connection for left knee strain is denied due to lack of evidence connecting it to service.,Service connection for lumbosacral degenerative disc disease is denied as the Veteran's current condition does not appear related to his military service.,Service connection for sleep apnea is granted because it is secondary to diabetes mellitus, a service-connected disability.,Service connection for right upper extremity peripheral neuropathy is granted as it is secondary to diabetes mellitus, a service-connected disability.,Service connection for left upper extremity peripheral neuropathy is granted due to its relationship with the Veteran's service-connected diabetes mellitus.,Service connection for right lower extremity peripheral neuropathy is granted based on its relation to his service-connected diabetes mellitus.,Service connection for left lower extremity peripheral neuropathy is granted as it is secondary to his service-connected diabetes mellitus.

The Board has determined that the Veteran's sleep apnea is etiologically related to his active service, and thus grants service connection for this condition as secondary to his service-connected COPD and emphysema.

The Board has granted service connection for left ear hearing loss and tinnitus, but denied service connection for right ear hearing loss. The Veteran's obstructive sleep apnea is rated at 50% since June 20, 2013. There remains no question of law or fact to decide regarding the effective date claim.

The Veteran's sleep apnea was not shown to be related to his active military service, and the Board found that it is less likely than not caused by or aggravated by any of his service-connected disabilities.

The Board denied the Veteran's claims of service connection for sleep apnea as secondary to his service-connected COPD (asbestosis) and for a heart disorder, finding that there was no evidence linking these conditions to service or service-connected disabilities.

The Board has determined that the Veteran's current obstructive sleep apnea was not incurred in or related to his period of active service.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher ratings under the applicable rating schedule.

The Veteran's lumbar spine disability is currently rated at 40 percent, which adequately reflects the severity of his condition.,The Veteran's right and left lower extremity radiculopathy are both currently rated at 40 percent each, which does not meet the criteria for a higher rating.

The Veteran's claims for service connection are being remanded due to the need for new medical opinions regarding his hypertension, sleep apnea, and bilateral knee degenerative joint disease.

The Board has granted service connection for lumbosacral degenerative disc disease with radiculopathy, left hip replacement residuals, and right hip replacement residuals. The claims of entitlement to service connection for bilateral flat feet, pneumonia, bilateral hearing loss, left knee anterior cruciate ligament reconstruction residuals, right knee degenerative joint disease, and tinnitus have been dismissed due to lack of jurisdiction upon the Veteran's death.

The Board has determined that additional development is needed to address the Veteran's claim for service connection for obstructive sleep apnea, which may be related to his service-connected PTSD. The case will be returned to the AOJ for further action.

The Veteran's claims for service connection and increased rating are being remanded due to the need for additional examinations and development of his medical records.

The Veteran's claims for increased rating for hypertension and reopening of service connection claims for muscle condition, sleep disturbance (claimed as sleep apnea), headaches, and fatigue were denied. The Board found that new and material evidence was not received to reopen the claims.

The Board has determined that the Veteran's current lumbosacral strain, right knee strain and left knee strain had their onset in service and are therefore granted service connection.

The Board has determined that the current VA examination for sleep apnea is inadequate and requires an addendum opinion to address all bases of service connection. The Veteran's claim includes a direct basis as well as secondary to his service-connected PTSD.

The Board has determined that the Veteran's sinusitis, sleep apnea, and posttraumatic stress disorder are all attributable to his active duty service.

The Board has determined that the effective dates for service connection of degenerative joint and disc disease, lumbosacral spine; mixed headache disorder with myofascial neck pain; and traumatic brain injury are May 19, 2010.