Sleep apnea decisions — 2017

The Board denied the Veteran's claim of service connection for a respiratory disability, including upper respiratory infection, mycobacterium avium-intracellular infection, sleep apnea, COPD, and pneumonia. The evidence did not support a finding that these conditions were related to service or any incident during service.

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

The Board has remanded the case for a VA addendum opinion to address whether the Veteran's back disorder is related to service, including in-service injuries and symptoms. The claim will be readjudicated based on this new information.

The Board finds that the Veteran's sleep apnea was incurred during service, as evidenced by his in-service reports of difficulty sleeping and feeling tired after sleeping. The Board also considers credible the statement from a fellow servicemember who observed the Veteran having noisy sleep and appearing to have breathing problems.

The Board has remanded the case due to missing records and incomplete development. The Veteran's claim for service connection for sleep apnea, as secondary to PTSD, is pending.

The Board has determined that the Veteran's service-connected bipolar disorder probably contributed to his development of obesity, which very likely led to his obstructive sleep apnea. Therefore, the claim for service connection for obstructive sleep apnea is granted.

The Veteran's obstructive sleep apnea is found to be related to his in-service weight gain, which the VA examiner concluded was a risk factor for obesity hypoventilation syndrome, a variant of sleep apnea.

The Board has remanded the case for further development, including obtaining VA and private treatment records, scheduling a VA examination, and updating the Veteran's VA treatment records.

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment.

The Board denied an extraschedular evaluation for lumbosacral strain and did not find the appellant unemployable due to service-connected disabilities.

The Board has ordered the case back to the AOJ for additional development, including obtaining medical opinions regarding whether the Veteran's obstructive sleep apnea is related to his service-connected sinusitis.

The Board has remanded the case due to a need for a new VA medical opinion regarding the etiology of the Veteran's sleep apnea. The Veteran claims his current condition is related to service, specifically his time in Iraq.

The Veteran's obstructive sleep apnea is found to be secondary to his service-connected PTSD.

The Board has granted service connection for sarcoidosis and sleep apnea, finding that both conditions are related to the Veteran's in-service exposure to Agent Orange. Sleep apnea is also found to be secondary to his service-connected sarcoidosis.

The Veteran's lumbar facet arthropathy has been rated at 10 percent prior to May 19, 2016, and increased to 40 percent from that date. The Board found the evidence supported a higher rating due to significant functional impairment.

The Board has determined that additional development is needed to determine the etiology of the Veteran's sleep apnea and fibromyalgia, as well as whether these conditions are related to service or other disabilities.

The Veteran's lumbar spine disability is rated at 40 percent, and the reduction of his rhinitis rating from 10 to 0 percent was improper. The issues of service connection for sleep apnea, a higher rating for cervical disc disease, and TDIU are pending.

The Board found that the Veteran's low back disability was not incurred or aggravated in service and denied her claim.

The Veteran's appeal is remanded due to the need for additional medical evidence and a new VA examination.

The Veteran's claim for an increased rating for tinea corporis of the scalp and body is being remanded due to the need for additional development, including a VA examination and updated treatment records.