Sleep apnea decisions — 2017

The Veteran withdrew all his appeals, including those pertaining to the evaluation of spine and foot conditions, service connection for hip replacements, pes planus, arthritis, PTSD, and residuals of syphilis. The appeal was dismissed due to withdrawal.

The Board has reopened the claim for service connection for a low back disability and remanded it for further development. The decision on the sleep apnea secondary to PTSD issue remains pending.

The Board has remanded the case for additional development, including obtaining a VA medical addendum to address the Veteran's inservice snoring history and its relation to his current OSA.

The Board found that the Veteran's obstructive sleep apnea was not incurred in service and is not otherwise related to active service. The VA examiner concluded that the Veteran's obstructive sleep apnea was less likely than not secondary to his service-connected PTSD.

The Veteran's lumbosacral strain at L5-S1 was rated as 10 percent disabling prior to July 21, 2016. After that date, the rating was increased to 40 percent.

The Veteran is entitled to a TDIU beginning on December 6, 2006 due to his service-connected disabilities preventing him from obtaining and maintaining substantially gainful employment. The issue of entitlement to a TDIU beginning on and after November 30, 2015 is moot as it would be a duplication of the existing disability picture.

The Veteran's claim for an earlier effective date for a 60 percent disability rating for his service-connected lumbosacral spine disability was denied as the earliest possible effective date has already been granted, which is July 22, 1999.

The Board has remanded the case due to inadequate medical opinion regarding whether the Veteran's sleep apnea was caused or aggravated by his service-connected disabilities. The AOJ is instructed to obtain an addendum opinion from a different examiner and ensure that it addresses any medical literature supporting causation of sleep apnea by hypertension, kidney disease, and/or diabetes mellitus.

The Veteran's claim for service connection for depression secondary to a service-connected condition was granted. However, his claim for service connection for erectile dysfunction secondary to a service-connected condition was denied.

The Veteran's combined disability rating is 80%, meeting the schedular requirements for TDIU due to service-connected disabilities. However, he is currently employed in a stable IT job and has successfully completed his associate's degree, indicating that his service-connected conditions do not render him unable to secure or follow substantially gainful employment.

The Veteran's appeal is being remanded to obtain additional medical records, conduct necessary examinations, and issue a statement of the case for certain service connection claims.

The Board found that the Veteran's sleep apnea and skin condition are not related to his service, with the exception of actinic keratosis which is presumed due to herbicide exposure. The claim for sleep apnea was denied as there was no evidence linking it to service. The claim for a skin disability was also denied.

The Veteran's lumbar spine disability is currently rated at 20 percent, and separate ratings of 10 percent each are granted for radiculopathy in the right and left lower extremities.

The Veteran's claim for an increased rating for lumbosacral strain is being remanded due to the need for additional development, including new VA examinations and consideration of other issues.

The Board has granted service connection for obstructive sleep apnea and determined that it is proximately due to a service-connected thoracolumbar spine disability. The Veteran's claims for bilateral hearing loss, right ear disability, right knee disability, left knee disability, and bilateral hip disability are still pending.

The Board has remanded the case for further development, including obtaining an addendum opinion from a VA examiner regarding the etiology of the Veteran's erectile dysfunction and whether it is proximately due to or aggravated by his service-connected lumbar spine degenerative arthritis.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions and scheduling VA examinations to address the nature and likely etiology of his claimed conditions.

The Veteran's sleep apnea is found to be etiologically related to service, and the claim for service connection is granted.

The Board has remanded the case for further development, including a VA examination and an opinion regarding the nature and etiology of the Veteran's sleep apnea disability, as well as whether it is related to service-connected PTSD.

The Board found that the Veteran's current sleep apnea did not have its onset during his military service and is not related to any in-service event or condition. The VA examiner opined that the Veteran's symptoms, including snoring and fatigue, were more likely influenced by historical belief rather than direct observations.