Sleep apnea decisions — 2017

The Board denied service connection for left shoulder strain with AC joint arthritis, bilateral elbow chronic strains with early degenerative changes, chronic cervical spine strain with degenerative disc disease, and chronic left hand strain. The Veteran's sleep apnea was also not granted as service connected.

The Board has remanded the case for additional development due to inadequate medical opinions regarding the etiology of the Veteran's obstructive sleep apnea.

The Veteran's claim for increased ratings for service-connected lumbosacral strain prior to August 6, 2009 was denied. For the period after August 6, 2009, a rating in excess of 20 percent is not warranted.

The Board has determined that the Veteran's sleep apnea is not related to his military service or secondary to his service-connected hypertension, and thus denied both claims.

The Board has determined that the Veteran's sleep apnea, skin disability, and right leg disability are not related to service.,Specifically, the VA examiner found no link between the Veteran's current disabilities and his military service.

The Board found that the Veteran's sleep apnea was not incurred or aggravated by service-connected disabilities and denied his claim for service connection on a secondary basis. The derivative TDIU claim is also denied.

The Veteran's TDIU claim is denied as he is currently employed and able to secure and follow a substantially gainful occupation due to his service-connected disabilities.

The Veteran is seeking service connection for obstructive sleep apnea and an acquired psychiatric disorder, to include posttraumatic stress disorder. He also seeks higher ratings for his right ankle fracture with osteoarthritis and chronic low back strain with degenerative changes and herniated nucleus pulposus at L5-S1.,The Veteran's claim of service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder, is reopened on new evidence. The Board will determine whether the Veteran has a current diagnosis of PTSD related to his reported stressors and whether it is proximately due or the result of his service-connected lumbar spine disability.,The Veteran seeks higher ratings for residuals of a right ankle fracture with osteoarthritis. A VA examination is needed to assess the severity of this condition.,The Veteran seeks separate ratings for bilateral lower extremity radiculopathy. The December 2015 VA spine examination findings must be considered in determining whether these conditions warrant separate ratings.,The Veteran seeks separate ratings for his lower extremity radiculopathy. A VA examination is needed to assess the severity of this condition.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining updated medical records and scheduling VA examinations. The claims will be reconsidered after these steps are completed.

The Veteran's claims for service connection are being remanded due to the receipt of additional relevant service treatment records. The RO will reconsider these claims on their underlying merits.

The Board has remanded the issues of service connection for diabetes mellitus, hypertension, peripheral neuropathy of the lower extremities, a sleep disorder, and increased rating for prostate cancer residuals due to new evidence and factual findings.

The VA has determined that the Veteran's currently diagnosed obstructive sleep apnea is not related to his service or a service-connected disability, including his low back disorder.

The Board found that the Veteran's sleep apnea and bilateral knee disability are not caused or aggravated by his service-connected conditions, specifically PTSD for sleep apnea and pes planus for knee issues. The Veteran is already receiving the maximum available rating for his pes planus.

The Board has determined that the Veteran's sleep apnea is incurred in service and granted service connection for this condition. The cervical spine disability, left upper extremity radiculopathy, and right upper extremity radiculopathy have also been granted as they are considered direct service-connected based on their onset during service.

The Veteran's character of discharge for his final period of service from March 1997 to February 2008 is a bar to VA benefits due to the commission of offenses during that period resulting in a dishonorable discharge. The appeal has been withdrawn with respect to several issues.

The Veteran's appeal for an increased rating evaluation for his lumbosacral strain with IVDS and osteoporosis has been withdrawn, resulting in the dismissal of this issue.

The Veteran's appeal for service connection for sleep apnea was withdrawn prior to the Board making a decision.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and a new VA spine examination to assess the severity of his service-connected chronic lumbosacral strain.

The Board has granted the Veteran's claims for service connection for sinusitis, sleep apnea, headaches, COPD, and seizures as secondary to his service-connected residuals of nose fracture.

The Veteran withdrew his appeal for an increased evaluation of his service-connected lumbosacral degenerative disc disease with facet joint arthrosis and intervertebral disc syndrome prior to the Board's decision.