Sleep apnea decisions — 2017

The Veteran's asthma and sleep apnea were rated at 30 percent prior to June 1, 2004. As of June 1, 2004, the Veteran is entitled to a rating of 60 percent for his asthma and sleep apnea.

The Board has determined that the Veteran's sleep apnea was not incurred in or aggravated by active service and is not related to his service-connected sinus disability. As a result, the claim for service connection is denied.

The Veteran's MDD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 50% disability rating. Service connection for sleep apnea was denied.

The Board has determined that there is an approximate balance of positive and negative evidence regarding the Veteran's tinnitus, finding it incurred in active duty military service. The issues of entitlement to service connection for sleep apnea and a left shoulder disability are addressed in the REMAND portion of this decision.

The Veteran's service-connected disabilities meet the schedular criteria for a TDIU, and he is unable to secure or follow substantially gainful employment due to his mental health conditions and physical disabilities.

The Veteran's appeal is being remanded for a new VA examination to determine the severity of his service-connected lumbosacral spine injury with degenerative joint disease and erectile dysfunction associated with total knee replacement, right knee. The claim will be readjudicated after the additional development.

The Veteran's appeal is remanded to allow for further development of the record, including a new VA examination and consideration of his TDIU claim.

The Veteran's claims for service connection are being remanded due to insufficient evidence and the need for additional examinations.

The Board found that the Veteran does not have a current diagnosis of sleep apnea and that his symptoms are part of his service-connected other specified trauma or stressor-related disorder. Therefore, he is denied service connection for sleep apnea.

The Veteran's sleep apnea is caused or aggravated by his service-connected PTSD and its medications, warranting service connection on a secondary basis. The VA examiner concluded that the Veteran's DDD and DJD of the lumbar spine are at least as likely as not (50 percent or greater probability) proximately due to or the result of his service-connected PTSD and corresponding medications. The right knee arthritis is also considered secondary to his service-connected conditions.

The Board found that the Veteran's obstructive sleep apnea is not related to his military service and denied his claim.

The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment, as he is currently employed full-time in electronic repair.

The Board has determined that the Veteran's obstructive sleep apnea did not begin in service and was not otherwise caused by his military service. The VA examiner found that the condition is less likely than not incurred or caused by an in-service event, injury, or illness.

The Board has determined that the Veteran's current obstructive sleep apnea is related to service, and thus grants his claim for service connection.

The Board found that the Veteran's liposarcoma did not have its onset in service, was not manifested within one year of service separation, and is otherwise unrelated to his active military service. The claim for service connection for residuals of liposarcoma of the right thigh, including as secondary to myotonic dystrophy, has been denied.

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

The Veteran's appeal is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination. The claim will be reviewed again after these steps are completed.

The Veteran's appeal involves claims for service connection and increased ratings related to his TBI, including sleep apnea, low back disability, pain of both upper and lower extremities (including fibromyalgia), and Parkinson's disease. The Board has ordered remand due to the need for additional medical opinions addressing secondary aggravation.

The Veteran's appeal is being remanded for further development, including a new VA examination to assess the severity of his service-connected lumbosacral strain and whether he is unemployable due to this condition.

The Board has determined that the Veteran's low back disability, including degenerative disc disease and arthritis of the lumbosacral spine, had its onset in service and is therefore granted service connection.