Sleep apnea decisions — 2017

The Veteran's appeal has been dismissed due to his death. No decision was made on the merits of any claims.

The Board has determined that the Veteran's currently diagnosed sleep apnea is not related to his active military service and therefore denied his claim for service connection.

The Veteran's claims for increased evaluations of his service-connected lumbosacral and cervical spine disabilities, as well as bilateral lower extremity radiculopathy, are being remanded due to inadequate examinations in the past. The VA is required to obtain updated medical opinions regarding functional loss caused by flare-ups.

The Veteran's service-connected disabilities, including his herniated nucleus pulposus, lumbosacral strain and degenerative changes, diabetes mellitus, bilateral retinopathy with cataracts associated with diabetes mellitus, residuals of a fractured phalanx, right third toe, high frequency hearing loss of the left ear, and malaria, preclude him from securing and following substantially gainful employment. The Board finds that the evidence is in relative equipoise that the Veteran is unable to obtain or maintain substantially gainful employment by reason of his service-connected disabilities and grants TDIU on an extraschedular basis.

The Board has determined that the Veteran does not have a current sleep disorder or vestibular disorder related to service, and thus denied his claims for these conditions.,There is no evidence of a current vestibular disorder from within one year of separation from service. The examiner opined that the Veteran's vestibular disorder was not caused by service-connected diabetes mellitus or PTSD.

The Veteran's appeal for service connection of sleep apnea and an increased rating for PTSD is being remanded due to inadequate opinions in the April 2016 VA examination.

The Board has determined that the Veteran's hypertension, obstructive sleep apnea, and diabetes are not related to his active duty service.,There is no evidence in the record showing these conditions were incurred or aggravated during his military service.

The Board found that the Veteran's respiratory disorders, including asthma and allergic rhinitis, did not have their onset in service or were otherwise related to service. The pre-existing condition of asthma was not aggravated by service.

The Board found no evidence of a current left shoulder disorder or sleep apnea, and thus denied the Veteran's claims for service connection in both instances. The decision did not address any potential presumptive service connection under the Persian Gulf War provisions.

The Board has determined that the Veteran's sleep apnea is not related to his military service and cannot be linked to his service-connected PTSD. As a result, the claim for service connection for sleep apnea is denied.

The Veteran's lumbar spine disability is rated at 20 percent, effective from the date of the January 2010 rating decision. The right hip disability claim was recharacterized and remains pending.

The Veteran's migraine headaches are found to have started during service and are therefore granted service connection.,The Veteran's sleep apnea is found to have started during service and is therefore granted service connection.

The Veteran's appeal is being remanded due to the need for additional medical records and an updated VA examination to assess her seborrheic dermatitis and rosacea.

The Veteran withdrew the appeal of the issue of entitlement to an increased disability rating for post-operative injury, left foot, with bunion, scars, and complex regional pain syndrome of the left lower extremity.

The Board has determined that the case should be remanded for further development and consideration, including obtaining a supplemental opinion from a qualified VA medical doctor regarding the Veteran's sleep apnea claim.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to determine the severity of his service-connected PTSD and its relationship to sleep apnea.

The Veteran withdrew his claim for sleep apnea, which was secondary to service-connected PTSD. The Board dismissed the appeal as the withdrawal was effective on March 18, 2014.

The Veteran's sleep apnea is service connected, and his left toe fracture with residuals and low back degenerative disc disease are also service connected. The Veteran's sciatic neuritis of the lower extremities have been rated appropriately.

The Veteran does not have a current disability of sleep apnea that manifested during or as a result of military service, nor is it related to a service connected disability. As such, the Board denies the claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and verifying stressor events. The claims will be reconsidered after the development.