Sleep apnea decisions — 2017

The Veteran's appeal is being remanded due to the need for a hearing before a Veterans Law Judge appearing by live video teleconference (VTC).

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation since April 16, 2012. The Board has determined that the criteria for a TDIU are met from that date.

The Board has ordered a supplemental opinion due to the inadequate December 2015 VA examination, which did not consider or explain whether the Veteran's symptoms prior to service could have been indicative of sleep apnea.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected asthma.

The Veteran's claims for initial compensable ratings for his service connected low back and right shoulder disabilities are being remanded due to the failure to report for VA examinations. The claim will be readjudicated after a new examination is conducted.

The Board has remanded the case for a new VA examination to determine if the Veteran's current sleep apnea is caused or aggravated by his service-connected dysthymic disorder with persistent depressive disorder, and for secondary service connection.

The Veteran's combined rating for his service-connected conditions is 90%, meeting the criteria for a total disability evaluation based on individual unemployability due to service-connected disabilities.

The Veteran's left knee disability is rated at 30 percent, effective November 26, 2013. The claim for service connection for sleep apnea was denied as there is no evidence of a nexus to military service or herbicide exposure. Service connection for ischemic heart disease was also denied due to lack of evidence linking the condition to service.

The Board has remanded the case for further development, including a VA examination to determine the nature and etiology of the Veteran's diagnosed sleep disorders. The Veteran is seeking service connection for his obstructive sleep apnea and upper airway resistance syndrome.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for hypertension, denied service connection for right and left carpal tunnel syndrome as secondary to service-connected disabilities, and denied service connection for sleep apnea.

The Veteran's OSA, right shoulder, cervical spine, and lumbar spine disabilities are found to be aggravated by his service-connected bronchial asthma with COPD. His headaches are related to his cervical spine DDD.

The Board has determined that the Veteran's current sleep disorder and headache disorder are not related to service, as there is no evidence of a chronic condition during or within one year after service. The claims for service connection have been denied.

The Board denied a higher rating for the Veteran's lumbosacral spine disability, finding that it more closely resembled favorable ankylosis.

The Board has granted service connection for PTSD and sleep apnea, finding that the Veteran's current conditions are related to his active service.

The Veteran's lumbosacral spine disability is currently evaluated at a 20 percent rating, effective prior to July 15, 2011. The cervical spine condition has been service connected and rated as direct.

The Board has remanded the case due to the need for additional development of the record, including obtaining private treatment records and a clinical opinion regarding the Veteran's sleep disorder.

The Veteran's joint and muscle pain are attributable to his service-connected lumbar spine disability.,There is no current diagnosis of chronic fatigue syndrome. The Veteran's sleep disturbance and fatigue are attributed to his service-connected posttraumatic stress disorder (PTSD).

The Board found that the Veteran's sleep apnea did not manifest during service or as a result of his service-connected sinusitis, and thus denied his claim for service connection.

The Board found that the Veteran's sleep apnea was not incurred or aggravated during active service and denied his claim for service connection.

The Board has determined that the Veteran's current diagnosis of sleep apnea is related to his in-service symptoms and obesity, which he experienced during service. The claim for service connection for sleep apnea is granted.