Sleep apnea decisions — 2017

The Board has denied all issues on appeal, including service connection for obstructive sleep apnea and deep vein thrombosis as secondary to post-concussion syndrome. The extraschedular rating for PTSD, TDIU, and special monthly compensation based on the need of aid and attendance or housebound status have also been denied.

The Board has dismissed the appeals due to the appellant's withdrawal of his appeal.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need for a VA examination and further development of evidence.

The Veteran's service connection claims for right and left shoulder disabilities, as well as his claim for residuals of malaria, have been withdrawn. The remaining claims for obstructive sleep apnea, peripheral neuropathy of the feet, erectile dysfunction, and genital herpes were denied.

The Veteran's appeal is being remanded for a new VA examination to assess the severity of his service-connected low back disability, as he has reported an increase in its severity since his last examination.

The Veteran's service connection claim for sleep apnea is granted as the evidence is at least in equipoise that his condition had its clinical onset during service.

The Board has determined that the Veteran's acquired psychiatric disorder and sleep apnea are not related to service or service-connected diabetes, thus denying both claims.

The Board has remanded the claims for further development, including provision to the Veteran of a Statement of the Case on the issue of an initial compensable disability rating prior to January 26, 2011, and higher than 30 percent since January 26, 2011, for prostrating headaches. The Board also remanded the issues of service connection for urinary tract infection and an acquired psychiatric disorder as well as entitlement to higher initial ratings for prostrating headaches.

The Veteran's sleep apnea is not service connected as there is no evidence of a diagnosis in service and the lay statements are outweighed by the VA examination findings.,The Veteran does not have a current skin disability, as his keratin granulomas were found to be unrelated to service. The lay statements from family members do not meet the required medical expertise for an etiological opinion.,The Veteran's chronic fatigue syndrome is not service connected due to lack of evidence meeting the diagnostic criteria and the VA examiner's finding that multiple underlying causes could explain his symptoms.

The Board has determined that the Veteran's obstructive sleep apnea is service-connected, while his chronic fatigue syndrome (undiagnosed) claim remains in dispute.

The Veteran's service-connected disabilities, including sleep apnea, major depression, cervical spine degenerative disc disease, right wrist carpal tunnel syndrome, lumbar spine degenerative disc disease, bladder dysfunction, right shoulder arthritis, allergic rhinitis, left and right lower extremity radiculopathy, hypertension, and pseudofolliculitis barbae, have rendered him unable to secure or follow a substantially gainful occupation since June 1, 2012.

The Board denied the Veteran's claim of service connection for coronary artery disease, as his VA Form 9 was not timely filed. The claims for increased ratings for degenerative disc disease of the lumbosacral spine, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity were denied. The claim for GERD was granted with a zero percent rating effective June 12, 2015.

The Veteran's appeal is being remanded for further development of his claims, including obtaining VA examinations to address the etiology and nature of his microvascular disease, headaches, degenerative bone loss in the upper and lower jaw bones, and sleep apnea.

The Board has granted service connection for sleep apnea as secondary to the service-connected COPD and for GERD as secondary to the service-connected lumbar spine disability, resolving reasonable doubt in favor of the Veteran.

The Veteran's hypertension, diabetes mellitus type 2, parathyroid disorder, pituitary adenomas (tumor), restless and shaky leg syndrome, and sleep apnea have been granted service connection based on direct evidence of a nexus to service.

The Board has determined that the Veteran's diabetes mellitus does not warrant a rating higher than 20 percent, and service connection for sleep apnea is granted as secondary to his service-connected heart disability.

The Veteran's liposarcoma, right hip was granted service connection based on presumed exposure to herbicide agents during his Vietnam service. The claims for peripheral neuropathy of the upper and lower extremities are remanded as further examination is needed.

The Veteran was granted service connection for degenerative change on the articular surface of the distal tibia, left leg. The other claims were denied.,Service connection was not established for residuals of cold injury to the right foot or sleep apnea.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and VA treatment records. Additional examinations are also needed to assess the current severity of his right hip, right shoulder, left knee, and right knee disabilities.

The Veteran's service connection claim for breathing problems is being remanded due to the need for a VA examination and additional medical records.