Sleep apnea decisions — 2017

The Board has remanded the case due to inadequate medical opinion regarding the etiology of the Veteran's sleep apnea. The claim will be reconsidered based on a new examination and additional development.

The Veteran's lumbar spine disorder and left-side radiculopathy are found to be related to his service-connected right ankle fracture. His initial rating for the right ankle is increased from 10% to 20%, effective July 30, 2013.

The Veteran's appeal has been dismissed as he requested the withdrawal of his appeal in its entirety.

The Veteran's appeal is being remanded for a hearing before a Veterans Law Judge.

The Veteran's appeal is being remanded due to the need for a video hearing before a Veterans Law Judge.

The Veteran's claims for service connection for headaches, acquired psychiatric disorder (PTSD, panic disorder, depression, anxiety), and sleep apnea have been granted. The scar of the right breast is rated at 10%.,Service connection has also been established for anemia with a rating of 10%. A higher evaluation is not warranted.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional development, including obtaining missing VA treatment records and an examination.

The Board denied the Veteran's claims for an increased rating for lumbosacral strain and TDIU.

The Veteran's low back disability is found to have been incurred in service, and the Board grants service connection for this condition.

The Board has decided that a remand is required to obtain an adequate VA medical examination and opinion in connection with the Veteran's claim for service connection for obstructive sleep apnea.

The Veteran's low back disability, rated as 20 percent disabling under the General Formula for Diseases and Injuries of the Spine (General Formula), does not meet or approximate criteria for a higher rating based on forward flexion limited to 30 degrees or less, ankylosis of the spine, or incapacitating episodes. The current 20 percent rating is therefore maintained.

The Veteran's breathing problem is related to service, and the Board finds that service connection for COPD is granted. The skin disorder issue remains pending as a new medical opinion is required.

The Veteran's service-connected PTSD has been found to have proximately caused his obstructive sleep apnea, allowing for the grant of secondary service connection.

The Veteran's claims for service connection for chronic fatigue syndrome, Gulf War Syndrome, left ear hearing loss, sleep apnea, irritable bowel syndrome, and PTSD with depressive disorder were denied. The Board found that new and material evidence had not been submitted to reopen any of these claims.

The Veteran's claims for earlier effective dates for the grant of service connection for obstructive sleep apnea and ischemic heart disease were denied as there was no evidence of an informal claim prior to the assigned effective dates, and the law does not allow for earlier effective dates under the circumstances presented.

The Board has determined that the Veteran's hypertension, sleep apnea, and lower back disability are related to his military service.

The Veteran's spine disability and TDIU claims are being remanded for additional development, including obtaining private and VA treatment records, a new examination to determine the current severity of his spine disability, and consideration of all applicable regulations when determining spine ratings prior to 2003.

The Veteran's claim for an increased rating for his lumbosacral strain with degenerative disc disease is being remanded due to the need for additional development, including obtaining a retrospective medical opinion regarding any neurologic abnormalities associated with his service-connected lumbar spine disability.

The Board has remanded the case for a VA examination to determine the cause of the Veteran's obstructive sleep apnea, which is currently diagnosed. The examiner should consider the Veteran's service in the Gulf War and his exposure to fire smoke, dust, and poor ventilation.

The Veteran's lumbosacral spine disability was rated at 20 percent since May 17, 2011. The claim for an increased rating was denied as the disability did not meet the criteria for a higher rating under the current VA rating criteria.