Sleep apnea decisions — 2017

The Board has determined that the Veteran's sleep apnea was not present during her military service and is not related to her military service. Therefore, she does not meet the criteria for service connection.

The Board has determined that the Veteran's obstructive sleep apnea is not service-connected, as it does not meet the criteria for a qualifying chronic disability under 38 C.F.R. § 3.317 and there is no evidence of an undiagnosed illness or injury incurred during active duty in Southwest Asia.

The Board has remanded the Veteran's claims for additional development, including obtaining clarification on his diagnoses and opinions regarding service connection.

The Board has determined that the Veteran's sleep apnea did not develop during service and is not related to his service-connected asthma with sinus congestion. As a result, the claim for service connection for sleep apnea is denied.

The Board has determined that the Veteran's sleep apnea is related to service, and therefore grants service connection for this condition. The right foot disorder other than gout remains in dispute as there is no evidence of a current disability or nexus to service.

The Board has ordered remand due to the need for additional medical records and updated opinions, as well as a review of the claims file.

The Board found that the Veteran's current obstructive sleep apnea was not incurred in or aggravated by active service and is not proximately due to, the result of, or aggravated by a service-connected disability. The claim for liver disorder (including fatty liver) will be remanded as additional medical opinions are needed.

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

The Veteran's case is being remanded due to the need for further development, including obtaining medical records and scheduling an examination by a VA physician.

The Veteran's appeal is being remanded for further examination and consideration of his claim for TDIU due to service-connected disabilities. The case will be referred to the Director, Compensation and Pension Service, for an extra-schedular evaluation.

The Board has granted service connection for rhinitis, but the issue of service connection for sleep apnea is remanded due to outstanding VA records and a need for further examination.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea and an initial rating in excess of 10 percent for cervical strain prior to August 15, 2013. The decision found that there was no evidence linking the current conditions to his military service.

The Veteran's leg cramps are service-connected. The remaining claims for high cholesterol, diabetes mellitus, sleep apnea, erectile dysfunction, hypertension, and back disability are being remanded.,High cholesterol is not a recognized disability for VA benefits purposes.

The Board has determined that additional evidentiary development is necessary prior to the adjudication of the claim for an increased rating for service-connected low back disability. The Veteran was last provided a VA examination in November 2011, and further medical guidance is required due to recent holding in Correia v. McDonald.

The Veteran's lumbosacral strain with degenerative joint disease and degenerative disc disease was initially rated at 20 percent prior to June 13, 2012. The rating has since been increased to 40 percent as of that date.

The Veteran's claims for service connection have been reopened, but the underlying claims remain denied.,Effective November 4, 2013, the Veteran is now entitled to compensation for his claimed conditions.

The Board has determined that the Veteran's sleep apnea was not shown in service or for many years thereafter, is not related to an event in service or to a service-connected disability, and not aggravated by a service-connected disability. Therefore, the claim for service connection for sleep apnea is denied.

The Veteran's appeal is being remanded for additional development to include obtaining medical opinions regarding his claimed conditions and their relationship to service.

The Board has determined that the Veteran's current lumbar disabilities are not related to his active service and may not be presumed to have been incurred therein.

The Veteran's service-connected lumbosacral spine disability alone has been of sufficient severity to produce unemployability since February 8, 2008. The Board finds that the Veteran is unable to secure or follow a substantially gainful occupation as a result of his service-connected disability and refers the issue for extra-schedular consideration.