Sleep apnea decisions — 2017

The Board has determined that the Veteran's current sleep apnea was not incurred in active service, and therefore denied his claim for service connection.

The Veteran withdrew his appeal for an increased rating for his lumbosacral spine disability in excess of 20 percent from July 1, 2010 to March 10, 2016 and in excess of 40 percent from March 11, 2016.

The Board has determined that the Veteran's obstructive sleep apnea did not clearly and unmistakably exist prior to his period of active duty, but it was not caused by or aggravated by service. The Veteran's chronic fatigue syndrome claim is denied as there is no medical evidence linking this condition to service.

The Board has ordered a remand due to the need for additional development and examination, including an opinion on whether the Veteran's sleep apnea is related to his service-connected PTSD.

The Veteran's combined service-connected disability rating is 60 percent, and he is unable to obtain and maintain substantially gainful employment due to his service-connected disabilities. The Board finds that the criteria for TDIU are met.

The Board has determined that the Veteran's obstructive sleep apnea is not service-connected, either as a direct result of his military service or as secondary to his PTSD. The Veteran's gastrointestinal disability (GERD) was also denied on appeal.

The Board finds that the Veteran's obstructive sleep apnea is at least as likely as not incurred during her military service, and grants entitlement to service connection for this condition.

The Veteran's left knee disability is found to be secondary to his service-connected right knee degenerative joint disease. His lumbar spine disability has been granted a full grant of the benefit sought on appeal.

The Board has determined that the Veteran's sleep apnea and left knee disability were not incurred in service, and thus denied his claims for these conditions.

The Veteran's service-connected disabilities, involving the knees, back, wrists, hand grip, and lower extremities have met the percentage requirements for a TDIU. The combined rating of these disabilities is at least 70 percent since June 1, 2010; 100 percent for a temporary total from December 12, 2012; and 90 percent from January 1, 2014. As such, the Veteran's TDIU claim is granted.

The Veteran's chronic lumbosacral strain prior to December 12, 2002, is rated at 20 percent and does not meet the criteria for a higher rating. After that date, it remains rated at 20 percent.

The Veteran's service-connected disabilities, including impingement syndrome and degenerative osteoarthritis of the shoulders, left shoulder, lumbosacral spine arthritis, Peyronie's disease with erectile dysfunction, and hypertension, render him unable to secure or follow a substantially gainful occupation.

The Veteran's claim for service connection for lung cancer was dismissed as the Veteran withdrew his claim prior to a decision being made.

The Board has determined that additional VA treatment records are needed to fully evaluate the Veteran's claims, as these records may contain information relevant to his service-connected conditions and their current status.

The Board has determined that the complete record is not available and a remand is necessary to ensure all pertinent medical records are made available for review. Additionally, a new VA examination is required as the previous opinion was inadequate.

The Veteran's claim for service connection for diabetes mellitus, type II was denied in September 2010 and not reopened. The evidence received since that decision does not relate to an unestablished fact necessary to substantiate the claim.,The Veteran's claim for service connection for gastroparesis with chronic stomach pain (stomach condition) was reopened due to new evidence showing a positive relationship between the condition and sarcoidosis, which is already service-connected. The claim remains denied as there is no direct service connection.

The Board has granted service connection for erectile dysfunction and an increased rating for right shoulder impingement syndrome, but denied the Veteran's claims for sleep apnea and recurrent folliculitis of the occipital scalp.

The Board has remanded the Veteran's claims for further development, including obtaining VA examinations and opinions to address the nature and etiology of his acquired psychiatric disability, bilateral hip osteoarthritis, back disability, sleep apnea, and hypertension.

The Veteran's appeal is being remanded for additional development, including new VA examinations and consideration of his claim for a TDIU.

The Veteran's obstructive sleep apnea is found to be proximately related to his service-connected diabetes, and thus the claim for service connection is granted.