Sleep apnea decisions — 2017

The Veteran claims service connection for polyarteritis nodosa, to include as due to herbicide exposure. The case is REMANDED for a VA examination and further development.

The Veteran's claims for residuals of heat exhaustion, liposarcoma, and sickle cell trait have all been denied as there is no evidence linking these conditions to his active service.,There are no current diagnoses related to the claimed conditions.

The Board finds that the Veteran's currently diagnosed obstructive sleep apnea was present during service, but went undiagnosed. The evidence is at least in equipoise as to whether the condition began during active duty service.

The Veteran's sleep apnea is found to be related to service, and his claim for service connection is granted.,New evidence has been submitted that relates to an unestablished fact necessary to reopen the back disability claim. The claim is therefore reopened.

The Board has determined that the Veteran's obstructive sleep apnea is at least as likely as not incurred in active service, specifically during her deployment to Southwest Asia.

The Veteran's appeal is being remanded for additional development, including VA examinations to determine the nature and etiology of her claimed conditions.

The Board has reopened the Veteran's claims for service connection for obstructive sleep apnea, chronic fatigue syndrome, diabetes mellitus, and prostate cancer. The evidence is sufficient to establish that these conditions are related to his military service.

The Board has dismissed the Veteran's claim for chronic fatigue syndrome. The Veteran's sleep apnea is found to be incurred in service and granted.

The Veteran's service-connected low back disability is rated at 20 percent, and the issues regarding radiculopathy of both lower extremities, right knee replacement, and SMC based on housebound criteria are all granted.

The Board has remanded the case for further development and to consider whether new and material evidence has been received to reopen the claim of service connection for obstructive sleep apnea, which is currently secondary to a service-connected disability.

The Veteran's claim for service connection for sleep apnea, to include as secondary to his service-connected rhinitis and/or PTSD, is being remanded due to the need for additional development.

The Board denied the Veteran's claims for service connection for sleep apnea, hypertension, bilateral hearing loss, and a left foot disability other than hallux valgus. The Veteran's claim for PTSD was granted with an initial rating of 50 percent. The Veteran's claim for right ankle disability was granted with an initial rating of 10 percent.

The Board partially vacated its May 2017 decision, denying service connection for sleep apnea. The issues of service connection for major depressive disorder (secondary to service-connected right and left hand carpal tunnel syndrome), PTSD, and entitlement to a TDIU were held in abeyance for 90 days from the date of this decision.

The Veteran's obstructive sleep apnea was not incurred or aggravated during his military service, and the Board finds that it is less likely than not caused by or a result of his service-connected PTSD. The most probative evidence indicates that the Veteran developed OSA after leaving active duty.

The Board has determined that there is at least an approximate balance of positive and negative evidence regarding the Veteran's obstructive sleep apnea and left leg vascular disability, thus granting service connection for both conditions.

The Veteran's right and left knee disabilities are at least as likely as not etiologically related to his active service. The Board finds that the evidence for and against the claim is at least in equipoise, and therefore, entitlement to service connection for a bilateral knee disability is granted.

The Veteran's appeal has been withdrawn by his representative prior to the Board issuing a decision.

The Veteran's disability rating for lumbosacral strain was reduced from 40 percent to 10 percent effective February 1, 2012. The reduction is considered improper due to lack of consideration of the provisions of 38 C.F.R. § 3.344 and the VA examination report used did not reflect a material improvement in his condition.

The Veteran's claim for service connection for his back injury (degenerative disc disease of the lumbosacral spine) is being remanded due to a lack of recent VA treatment records and private treatment records should be obtained. The case will then be readjudicated.

The Veteran's service connection claims for bilateral pes planus, bilateral plantar fasciitis, and tooth and gum disability have been withdrawn. The Board has granted service connection for obstructive sleep apnea with fatigue, but the issue of entitlement to service connection for headaches remains pending.