Sleep apnea decisions — 2017

The Board denied service connection for a low back disorder, dementia, and obstructive sleep apnea. The Veteran's low back disorder is not presumed to have been incurred in service due to lack of evidence within one year post-service separation. Dementia was not shown during service or within the presumptive period. Sleep apnea is not related to service.,The VA examiner found no evidence of a chronic disease during service and denied service connection for low back disorder, dementia, and sleep apnea.

The Board found that the reduction in the evaluation of service-connected lumbosacral strain from 20 percent to 10 percent was not proper and restored the prior rating. The Veteran's migraine headaches were not incurred or aggravated by active service.

The Veteran withdrew his appeal for the claims of service connection for a back disability, sleep apnea, and diabetes mellitus, type II during his March 2017 hearing. The claim for a compensable initial disability rating for bilateral hearing loss is being remanded.

The Board has determined that the Veteran's diagnosed sleep apnea did not manifest during or as a result of active military service and therefore denied his claim for service connection.

The Board found that the Veteran does not have a current diagnosed sleep disorder, including sleep apnea. The service connection claim for GERD as secondary to sleep apnea was denied. For the initial rating period from September 24, 2008 to May 1, 2010, an initial disability rating of 10% for GERD was granted.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a new VA examination to assess the severity of his lumbar spine disability.

The Veteran's bowel and bladder dysfunction is associated with his service-connected lumbar spine disability, warranting service connection on a secondary basis.

The Board dismissed the Veteran's appeal of service connection for sleep apnea due to withdrawal by his attorney. The rating for bilateral pes planus remains at 10 percent.

The Veteran's service-connected lumbosacral strain with degenerative changes was granted a 40 percent disability rating effective February 17, 2016. The Board found that the evidence supported this increased rating based on his ongoing symptoms and functional limitations.

The Veteran's obstructive sleep apnea is found to have had its onset during service and continues today, granting service connection for this condition.

The Board has determined that the Veteran's claimed disabilities, including right shoulder, left shoulder, left elbow, lumbosacral spine, left knee, and right knee conditions, are not related to his military service. The acquired psychiatric disorder (to include PTSD) is also not found to be related to service.

The Board has determined that the Veteran's sleep apnea disability did not manifest during service or is otherwise related to his active military service. The evidence does not support a finding of continuity of symptomatology, and there is no medical opinion linking the current sleep apnea to service.

The Board has determined that the Veteran's sleep apnea was not incurred or aggravated by service, including as secondary to his service-connected chronic sinusitis.

The Board has determined that the Veteran's service-connected disabilities render him unable to secure or maintain substantially gainful employment, and thus grants his claim for a total disability rating based on individual unemployability (TDIU).

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

The Veteran's service-connected lumbar spine disability has not been manifested by unfavorable ankylosis, and the right lower extremity radiculopathy of the femoral and sciatic nerves has not met the criteria for a higher rating. The TDIU issue is denied.

The Veteran is seeking service connection for various conditions including sleep disorders and a heart condition. He also seeks an initial compensable rating for his service-connected bilateral hearing loss.,The Veteran claims he has a heart murmur that was incurred in service or due to his now service-connected disabilities, but the VA examiner found no pre-existing heart disorder at entry into service.,The Veteran contends that he has GERD which is related to military service. The VA examiner determined there is no evidence-based medical literature associating GERD with exposure to infectious agents from the Gulf War.,The Veteran claims his chiari malformation was aggravated by service, but the VA examiner found it congenital in origin and not aggravated during active duty.,The Veteran seeks an initial compensable rating for his bilateral hearing loss. The most recent examination is over 5 years old.

The Veteran's appeal is being remanded due to his request for a videoconference hearing. The Board will schedule the requested hearing at the RO.

The Board has reopened the Veteran's claims for service connection for a cervical spine disability, lumbar spine disability, and respiratory disability (including Valley Fever/coccidiomycosis and OSA), finding that new and material evidence was received. The Veteran's OSA is found to be proximately due to his service-connected sinusitis.