Sleep apnea decisions — 2017

The Board found that the Veteran's current lumbosacral spine disability did not result from disease or injury incurred in or aggravated by active service, and thus denied his claim for service connection.

The Veteran's service-connected lumbar spine disability has not met the criteria for a higher rating prior to July 21, 2011 or as of that date. The current evaluations are appropriate.

The Board finds that the Veteran's obstructive sleep apnea is at least as likely as not related to his service-connected asthma and/or posttraumatic stress disorder, thus granting service connection for OSA on a secondary basis.

The Veteran's appeals for service connection, increased ratings, and TDIU have been dismissed as he has withdrawn his appeal.

The Veteran's claims for bilateral hearing loss, back disability (including cervical and lumbar spine), obstructive sleep apnea, erectile dysfunction, and psychiatric disability are being remanded due to the need for additional development. The AOJ will schedule the Veteran for VA examinations to determine the etiology of these conditions.

The Board has decided to remand the case for a Travel Board or videoconference hearing before a member of the Board. The Veteran must be notified of the date and time of the hearing.

The Board denied service connection for various conditions including multiple body traumas, hypertensive cardiovascular disease, hyperlipidemia, COPD, obstructive sleep apnea, emphysema, chronic pansinusitis, low back disorder, cardio-pulmonary disorder, benign prostatic hypertrophy, and osteoarthritis of the knees, right forearm, and right hand. The appeal was decided on the merits without any presumption or secondary service connection.

The Board has determined that the Veteran's current obstructive sleep apnea (OSA) is proximately due to, or aggravated by, his service-connected major depression. Therefore, the claim for service connection for OSA is granted.

The Veteran's obstructive sleep apnea is found to have had its onset in service and the Board grants service connection for this condition.

The Veteran's service-connected migraine headaches have been granted a 30% rating since September 5, 2012.,Service connection for obstructive sleep apnea was denied.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the Veteran's sleep apnea, left knee disability, urinary dysfunction disability, right hip sacroiliac joint dysfunction with limitation of adduction, extension, and flexion, as well as left hip sacroiliac joint dysfunction with limitation of abduction, extension, and flexion are not related to his service or due to his service-connected disabilities.

The Veteran's claims for service connection for obstructive sleep apnea and gastroesophageal reflux disease (GERD) were denied as there is no evidence to support a direct relationship with his military service.

The Board has remanded the case for additional development, including obtaining VA treatment records and seeking an opinion on whether dysthymia aggravates sleep apnea. The TDIU claim remains inextricably intertwined with the service connection claim.

The Board has granted service connection for tinnitus, major depressive disorder (MDD), and obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected lumbar spine disability. Service connection for bilateral hearing loss was not granted.

The Veteran's claim for an earlier effective date for service connection of obstructive sleep apnea was denied as there is no evidence of a prior claim before February 18, 2009.

The Board has decided to remand the case for another VA medical opinion regarding whether the Veteran's current sleep apnea disability was initially manifest during his active service.

The Board has remanded the case for additional development due to the need to obtain Social Security Administration records and updated VA treatment records. The Veteran's claim will be reconsidered after these records are obtained.

The Board has been notified of the appellant's withdrawal of the appeal and, therefore, the appeal is dismissed.

The Veteran's service-connected lumbosacral spine disability requires the use of a back brace. The Board found that the brace does not have exposed rigid panels and therefore does not qualify for a clothing allowance.

The Board has denied the Veteran's claims for service connection for right foot, right knee, left knee, and low back disorders as secondary to his service-connected left plantar calcaneal spur. The evidence does not support a finding that these conditions are related to his military service or his service-connected condition.