Sleep apnea decisions — 2017

The Board has determined that the Veteran's lumbosacral spine injury residuals, degenerative disc disease, arthritis, and hemilaminectomy residuals to include post-operative scar residuals are service-connected. The claims for right hip, right knee, left knee, bilateral foot, and bilateral lower extremity neurological disabilities will be remanded for further development.

The Veteran is granted a disability rating of 60 percent for his service-connected back disability, effective from the date of the decision.

The Board denied the Veteran's claims for service connection for erectile dysfunction and sleep apnea, as well as other issues related to his disabilities. The decision also noted that new evidence did not raise a reasonable possibility of substantiating these claims.

The Board has ordered a new opinion from an appropriate specialist physician to determine if the Veteran's sleep apnea had its onset in service or is otherwise related to his active service. The claim will be remanded for further development and consideration.

The Veteran's service-connected disabilities combine to a 90 percent disability rating, rendering him unable to secure or follow a substantially gainful occupation.

The Board found that the Veteran's obstructive sleep apnea was not incurred in or aggravated by service and denied his claim for service connection.

The Veteran's obstructive sleep apnea is caused by his service-connected disabilities, including chronic pain syndrome and residuals of low back strain with central disc herniation at L5-S1.

The Veteran's sleep apnea is granted as secondary to his service-connected diabetes mellitus, type II.,PTSD was previously rated at 30 percent prior to May 10, 2010 and has been increased to 50 percent since that date.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to assess his service-connected knee and back disabilities.

The Veteran's appeal is being remanded for a Travel Board hearing. The issue of service connection for sleep apnea, which may be secondary to posttraumatic stress disorder, will be addressed in the future.

The Veteran's claim for service connection for chronic lumbosacral strain, also claimed as back problems, is being remanded due to inadequate examination and opinion regarding the November 1969 post-service treatment record and the Veteran's statements of in-service injury.

The Veteran's appeal was granted for OSA, finding that it began in service and is related to his active duty. The heart disability claim was withdrawn by the Veteran before a decision could be made. Service connection for PLMD was also granted as secondary to OSA.

The Veteran seeks service connection for heart disease, TMJ, sleep apnea, and tinnitus. The Board has determined that additional development is needed due to the complexity of the issues.

The Board has determined that the Veteran's current respiratory disabilities, including COPD with emphysema and OSA with hypoxemia, are not related to his service or exposure to herbicide agents (Agent Orange). The claim for service connection is denied.

The Board has determined that the Veteran's sleep apnea disability had its onset during service and grants entitlement to service connection.

The Veteran's chronic sleep disability and erectile dysfunction have not been found to be directly related to service or any other compensable condition. The Board has determined that the Veteran does not meet the criteria for a grant of service connection.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not meet the criteria for a compensable rating for bilateral hearing loss, and his peripheral neuropathy of the lower extremities was not incurred in or caused by active military service. His skin disability, hypertension, and sleep apnea were also not supported by evidence showing they were related to his service.

The Board has determined that the Veteran's obstructive sleep apnea is related to his active duty service, resolving all reasonable doubt in favor of the Veteran.

The Board has determined that further development is needed to determine the Veteran's exposure to harmful contaminants and asbestos during service, as well as to obtain all relevant medical records. The case will be remanded for these purposes.

The Veteran's appeals for service connection have been dismissed due to withdrawal of the claims. The claim of service connection for a cardiovascular disorder, neurological disorder, and right ankle disability has been denied. The claim seeking an effective date earlier than November 30, 2010, for the grant of service connection for a right ankle disability has also been denied. The Veteran's claim of service connection for fatigue (manifested by chronic fatigue syndrome) was not reopened due to lack of new and material evidence. Service connection for bilateral hearing loss is granted. Service connection for skin disorder and multi-joint pain (fibromyalgia) are denied. Service connection for a sleep disorder (manifested by sleep apnea) is also denied. The Veteran's headaches, right elbow disability, intermittent diarrhea, and right ankle disability have all been assigned the lowest possible rating of 10 percent.