Sleep apnea decisions — 2017

The Board has determined that the Veteran's claimed conditions are not service-connected due to lack of evidence supporting a nexus between his current disabilities and his military service.

The Board found that the Veteran's OSA was not incurred in or aggravated by active service and denied his claim for service connection. The case is being remanded to obtain a new VA examination regarding the nature and etiology of his bilateral foot disability, including whether it was caused or worsened by his service-connected back disability.

The Board has ordered a remand to obtain an opinion on whether the Veteran's service-connected panic disorder may have caused or aggravated his sleep apnea.

The Veteran's claim for service connection for obstructive sleep apnea was granted with an effective date of February 26, 2014. The heart disorder claim is secondary to the service-connected obstructive sleep apnea.

The Veteran's appeal involves multiple conditions and theories of causation, including service connection for various disabilities allegedly related to poisoning during service. The case is being remanded to obtain additional medical records, schedule appropriate VA examinations, and consider the Veteran's claims in light of his reported exposures.

The Veteran withdrew his appeals for all issues related to service connection.

The Board has determined that the Veteran's sleep apnea was not shown in service or for several years thereafter, and the most probative evidence indicates that it is not related to his service-connected asthma.

The Board has remanded the case for further development due to incomplete opinions and need for additional examinations.

The Veteran's sleep apnea is found to be proximately due to his service-connected asthma, and the Board grants service connection for this condition.

The Board has determined that the Veteran's obstructive sleep apnea and erectile dysfunction were not incurred in or aggravated by service, nor are they proximately due to a service-connected condition. The evidence does not support a finding of service connection for these conditions.

The Veteran's lumbosacral strain did not meet the criteria for a rating in excess of 20 percent prior to December 10, 2010. Since then, it has not resulted in unfavorable ankylosis or IVDS with total duration of at least 6 weeks during any 12-month period.

The Board found that the Veteran's sleep apnea was not shown in service or for many years thereafter and there is no competent and credible evidence linking his current condition to service. As a result, the claim for service connection for sleep apnea was denied.

The Veteran's claim for an increased rating in excess of 40 percent for his lumbosacral disability is being remanded due to the need for a new examination as the last VA examination was more than three and a half years ago.

The Board has determined that the Veteran's obstructive sleep apnea is permanently aggravated by his service-connected right shoulder degenerative joint disease, and thus grants service connection for this condition on a secondary basis.

The Veteran's appeal has been dismissed as he withdrew his appeal prior to any decision being made.

The Veteran's appeal was denied for various issues including service connection claims, increased rating claims, and TDIU. The right ankle disability received a 10% rating, but no higher. Bilateral external otitis remained at the 10% rating. Diabetes mellitus continued to be rated at 20%. Peripheral neuropathy of both lower extremities was rated at 40%, but no higher.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for sleep apnea. The Board also finds that the Veteran's current sleep apnea is related to his active service, including symptoms he reported during service in Somalia.

The Board has granted service connection for left shoulder injury, trigeminal neuralgia, and obstructive sleep apnea. The Veteran's left shoulder injury is considered to be due to an in-service combat-related injury. His trigeminal neuralgia is found to have been incurred during service, with the onset of symptoms occurring in 1991. His obstructive sleep apnea is determined to be secondary to his service-connected trigeminal neuralgia.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and a VA examination to address the etiology of his respiratory and prostate conditions.

The Board has remanded the case due to the need for a VA examination to assess the impact of the Veteran's service-connected disabilities on his employability, and for completion of the Veteran's VA Form 21-8940.