Sleep apnea decisions — 2017

The Veteran's lumbosacral degenerative joint disease has been rated at 20 percent since February 9, 2011.

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

The Board has determined that the Veteran's current disabilities, including lower back strain, bilateral knee and ankle disorders, are not related to service or any injury sustained therein.

The Veteran's sleep apnea is found to be etiologically related to an in-service injury, event, or disease.,The status of the Veteran's hypertension and cervical spine disability service connection claims remains unknown due to missing records.

The Board denied the Veteran's claims of service connection for sleep apnea, right lower leg condition, and left lower leg condition. The decision also noted that new and material evidence had not been received to reopen his claims for right knee injury/condition and GERD.

The Veteran's neck disability is not service-connected as secondary to his lumbosacral strain. The Board also found that a separate rating for right lower extremity radiculopathy of the sciatic nerve associated with his lumbosacral strain prior to June 18, 2013 is not warranted.

The Veteran's allergic rhinitis is found to be caused by his service in the Persian Gulf. Service connection for this condition is granted. The Board finds that there is not sufficient evidence to establish a direct link between the Veteran's sleep disorder, including sleep apnea, and his military service.

The Board has granted service connection for obstructive sleep apnea and denied a compensable rating for left ear hearing loss. The Veteran's symptoms of snoring, fatigue, and daytime tiredness are considered in-service and have continued since his active duty service.

The Veteran's claim for an initial compensable evaluation for bilateral hearing loss was denied. The Court held that evidence added to the record since the May 2005 rating decision, denying service connection for PTSD, is new and material, and the claim for service connection is reopened. However, the criteria for service connection for an acquired psychiatric disability, sleep apnea, liver disorder, diabetes mellitus, diabetic neuropathy of the upper extremities, diabetic neuropathy of the lower extremities, and skin cancer have not been met.

The Veteran's service-connected conditions have been granted, with a specific rating of 20 percent for lumbosacral discogenic disease. The other conditions are rated as compensable.

The Board finds that the Veteran's obstructive sleep apnea is at least as likely as not related to his service, specifically his exposure to burn pit fumes during deployment. The decision grants service connection for OSA.

The Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment.

The Board denied the Veteran's request for an effective date earlier than August 24, 2012, for the grant of service connection for sleep apnea. The earliest date after the June 2011 rating decision that the Veteran expressed an intent to reopen his claim was August 24, 2012.

The Board denied the Veteran's claims of service connection for Parkinson's disease and obstructive sleep apnea, as well as his appeal to reduce his disability rating for bilateral hearing loss. The reduction in the hearing loss rating from 40% to 30% was not proper.

The Board found that the Veteran's current left elbow disability, gastrointestinal disorder, and sleep apnea are not service-connected. The left elbow disability is not related to service or aggravated by a service-connected right forearm disability. The gastrointestinal disorder was pre-existing but did not worsen during service. Sleep apnea may be secondary to a service-connected deviated septum.

The Veteran's claims for service connection for sleep apnea, acid reflux, and sinusitis are being remanded due to the need for additional medical opinions regarding the potential causes of these conditions.

The Board has denied the Veteran's claims for service connection for residuals of ovarian hydrosalpinx and left sciatica as there is no competent medical evidence of current disabilities.

The Veteran's claim for increased ratings for his low back disability is being remanded due to the need for updated VA treatment records and a new examination.

The Veteran's current sleep apnea did not have its onset in service and is not otherwise due to service.,The Veteran is not precluded from securing or following a substantially gainful occupation due to his service-connected disabilities.

The Veteran's current obstructive sleep apnea was not incurred or aggravated by his military service and is not related to any of his service-connected disabilities.