Sleep apnea decisions — 2017

The Board has determined that the Veteran's sleep disorder, specifically obstructive sleep apnea (OSA), did not have its onset during active service and is not otherwise etiologically related to active service. As such, the claim for service connection for OSA is denied.

The Veteran's stomach disorder is related to his military service, and the Board has granted service connection for this condition. The issue of sleep apnea remains pending as it was remanded by the Board.

The Veteran's current sleep apnea did not manifest in service and is unrelated to service, including exposure to herbicide agents.

The Board denied service connection for obstructive sleep apnea in October 2007, finding no clinical evidence of the condition during service and insufficient medical opinion to establish a link between current symptoms and service.

The Veteran's skin disorder may be related to his service, including presumed Agent Orange exposure and treatment for poison ivy in 1969. The claim is being remanded for further development.

The Veteran's service connection claim for sleep apnea is granted as his current condition is related to his active service.

The Board found that the Veteran's respiratory disabilities, including sleep apnea and allergic rhinitis, were not incurred during his military service. The evidence did not show any respiratory issues or diagnoses in service, and the service treatment records are negative for such conditions.

The Veteran's low back disability, including associated neurological manifestations, is rated at 40 percent disabling effective from May 28, 2015.

The Veteran's service-connected disabilities, including persistent depressive disorder and traumatic arthritis of the lumbosacral spine, meet the schedular criteria for a TDIU as of March 7, 2012. The Board granted this claim on appeal.

The Board found no evidence of a left knee or left foot disability during service, and the VA examiner opined that any current osteochondral defect in the left knee is not related to service. The Veteran's large heel callous was also deemed unrelated to service.,There is no documented in-service injury or complaint regarding the Veteran's feet. The VA examiner concluded that his foot numbness during service was due to radiculopathy, and thus not related to any current callous.

The Veteran's appeal is being remanded for additional development to obtain VA treatment records and a medical opinion regarding the etiology of his sleep apnea. The TDIU claim also requires clarification of employment status.

The Veteran's acquired psychiatric disability, including generalized anxiety disorder, major depression, and PTSD, is now reopened for consideration.,Bilateral hearing loss is not service connected due to lack of evidence showing a current disability within one year of separation from service.

The Veteran's appeal is being remanded for further development due to the need for an addendum opinion regarding the cause of his fall from bed and its relation to VA care.

The Veteran's sleep apnea may be related to his service-connected diabetes mellitus, which could potentially allow for secondary service connection. The case is being remanded for further examination and analysis.

The Veteran's lumbar spine disability has been rated at 40 percent since February 18, 2015. The Board finds that the earlier effective date of July 31, 2008 for this rating is warranted based on the evidence of record.

The Veteran withdrew his appeals for the issues of entitlement to increased ratings and service connection.,The Veteran also withdrew his appeals for the issues of entitlement to a rating in excess of 30 percent for IBS and GERD, chronic fatigue syndrome, allergic skin reaction, insomnia, obstructive sleep apnea, migraines, respiratory disability, nerve entrapment (left elbow), and radiating pain to the left wrist (ulnar entrapment).

The Veteran's service connection claim for a tender scar on the left knee is granted. The Board finds that there is sufficient evidence to establish that the Veteran has a current disability (a tender scar) and that this condition is related to his active duty service.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected lumbosacral strain and sciatica. The issues on appeal are related to increased evaluations for these conditions.

The Board has determined that the Veteran's sleep apnea is at least as likely as not related to his active duty service, and thus grants service connection for this condition.

The Veteran's lumbosacral strain with degenerative changes, IVDS L3-4, discogenic disease L5-S1, and erectile dysfunction is rated at 20 percent prior to September 9, 2010.