Sleep apnea decisions — 2017

The Board has denied the Veteran's claims for service connection for a heart disability, bilateral leg disability related to active duty complaints of cramps and pain, and obstructive sleep apnea. The Veteran's claim for an increased rating for residuals of left thumb fracture with osteoarthritic changes was granted.

The Veteran's right knee osteoarthritis is found to be secondary to his service-connected pes planus and plantar fasciitis. The Veteran's obstructive sleep apnea is found to be aggravated by his service-connected sinusitis.

The Board has found that the Veteran's obstructive sleep apnea is not caused or aggravated by his service-connected depression or depression medication. The claim for erectile dysfunction secondary to service-connected depression or depression medications was also denied.

The Veteran's service-connected lumbosacral strain is currently rated at 40 percent, the maximum schedular rating available. The Board finds that a higher rating is not warranted as all examiners have observed some measurable range of motion without favorable or unfavorable ankylosis.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional development and an updated VA examination.

The Veteran's appeal includes issues related to the extension of a temporary total evaluation, service connection for diabetes mellitus, and service connection for sleep apnea. The Board found that the evidence did not support an extension beyond March 31, 2010 due to the Veteran's recovery from his foot surgery by April 1, 2010.,The claim for service connection for diabetes mellitus was denied as there is no evidence of onset within one year of separation and the condition did not meet VA criteria for a compensable rating.

The Board has determined that the Veteran's right ear hearing loss and obstructive sleep apnea are service-connected. The decision also indicates that a claim for a rating in excess of 10 percent for tinnitus was withdrawn by the Veteran.

The Veteran's sleep apnea is related to his service, and he was granted a 20% disability rating for his back disability prior to February 23, 2011. However, the Veteran did not meet the criteria for an increased rating beyond 40% thereafter.

The Board has determined that a remand is necessary to obtain an adequate VA examination and opinion regarding the Veteran's lumbosacral spine disorder.

The Board has determined that the Veteran's sleep apnea, hypertension, COPD, and headache disorder are not service-connected as they did not develop during his military service or are otherwise related to his military service.

The Veteran's OSA is found to be secondary to his service-connected COPD. The initial rating for bipolar disorder has been granted at 30 percent, and the residuals of right pleuritis and right basal pneumonia with COPD have also received a 30 percent rating.

The Board has remanded the claims for additional development due to incomplete medical opinions and need for further examination.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling examinations to address the nature and etiology of his sleep apnea, cervical spine disability, neurological conditions, and bilateral eye pterygium.

The Veteran's service connection claim for degenerative changes of the lumbar spine is granted. The Board finds that there is sufficient evidence to place the relevant evidence in equipoise as to whether the Veteran has a back disability related to service, and thus grants service connection.

The Veteran's lumbosacral strain with herniated disc disability is currently rated at 20 percent, and his bilateral leg disability is rated at 10 percent. The appeal for TDIU was not addressed as it did not meet the criteria.

The Veteran's claim for an increased rating for his service-connected lumbar spine DDD with facet arthritis was denied as the evidence did not meet the criteria for a higher rating.

The Board has remanded the case due to a need for a hearing before the Board.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's deviated nasal septum and obstructive sleep apnea are related to service, specifically to a traumatic event during service. Therefore, both conditions have been granted service connection.

The Veteran's service-connected disabilities have not resulted in permanent and total disability that would qualify him for specially adapted housing or home adaptation grant.

The Board has remanded the case due to the need for an additional VA examination and medical opinion regarding the Veteran's respiratory disorder, including whether his currently diagnosed sleep apnea began in or is otherwise related to service.