Sleep apnea decisions — 2017

The Board has ordered a remand to obtain a VA examination and determine the etiology of the Veteran's sleep apnea, including whether it is related to his service-connected psychiatric disorder or as a side effect of prescribed medication.

The Veteran's claims for service connection for hypertension and sleep apnea are being remanded due to the need for additional medical opinions regarding the relationship between these conditions and his military service, particularly Agent Orange exposure.

The Board has determined that the Veteran's current obstructive sleep apnea is not related to his service, and therefore denied his claim for service connection.

The Board has granted service connection for tinnitus, but the remaining claims are remanded due to the need for additional development.

The Board has determined that the evidence is at least in equipoise regarding whether the Veteran's sleep apnea is caused or aggravated by his service-connected PTSD, and thus grants service connection for sleep apnea.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) is attributable to service and grants service connection for OSA.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it is related to his military service. The issue of back strain with scoliosis remains pending and will be remanded.

The Veteran's appeal is being remanded to obtain additional VA and private medical records, including those from Dr. Jabbour and VAMC Durham.

The Board has remanded the case for an addendum opinion regarding whether the Veteran's service-connected PTSD, diabetes mellitus, or diabetic neuropathy aggravated his sleep apnea. The appeal is currently in a pending state and will be returned to the Board after further development.

The Board has remanded the issue of entitlement to service connection for sleep apnea, which was previously on appeal as a continuation of the Veteran's sleeping difficulty claim. The case is now before the AOJ for formal adjudication.

The Veteran's TDIU claim is granted as he has a combined rating of 80% due to his service-connected disabilities, which meets the criteria for TDIU.

The Veteran's appeal is being remanded due to the need for a supplemental opinion from an examiner regarding whether his sleep disability (including obstructive sleep apnea) is caused by or aggravated by his service-connected tinnitus.

The Board has granted a TDIU on an extraschedular basis effective September 17, 2004. The Veteran's service-connected disabilities have prevented him from securing and following a substantially gainful occupation since August 2003.

The Board has determined that the Veteran's degenerative joint disease of the lumbosacral spine warrants a disability rating of 40 percent, effective from the date of the decision.

The Veteran's claim for an increased rating for his lumbosacral strain with degenerative joint and disc disease was denied because he failed to report for a scheduled VA examination.

The Board has denied the Veteran's claim of service connection for obstructive sleep apnea, finding that it was not caused or aggravated by his service-connected PTSD.

The Board finds that the Veteran's diabetes mellitus, erectile dysfunction, peripheral neuropathy of bilateral upper and lower extremities, and sleep apnea are not secondary to his service-connected disabilities. The evidence does not support a finding that these conditions were caused or aggravated by his low back condition, acquired psychiatric condition, or right wrist condition.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and employment information. The case will be readjudicated after the completion of these actions.

The Veteran has withdrawn his appeals regarding the initial rating for PTSD and service connection for sleep apnea. As a result, these issues are dismissed.

The Veteran's service-connected lumbosacral strain with degenerative disc disease is currently rated at 40 percent, which is the maximum schedular rating available. A separate 10 percent rating has been granted for the right lower radicular nerve group associated with this condition.