Sleep apnea decisions — 2017

The Board found that the Veteran's sleep disorder, including insomnia and sleep apnea, was not manifest during service and is not etiologically related to service or a service-connected disability. The preponderance of evidence does not support granting service connection for these conditions.

The Veteran's claims for service connection for various disabilities, including restless leg syndrome, acquired psychiatric disability (claimed as PTSD), lower back disability, left hip disability, and sleep apnea, were denied. The Board found that the evidence did not support a diagnosis of restless leg syndrome or establish a nexus to service.

The Board has determined that there is no evidence of a current disability related to the Veteran's military service for his left shoulder, sleep apnea, or arthritis other than osteoarthritis of the left shoulder. The claims for right shoulder and bilateral knee disabilities are not addressed as they were not part of the appeal.

The Veteran's lumbar spine disability is currently rated at 40 percent, effective June 1, 2012. The appeal was denied as the evidence did not meet the criteria for a higher rating.

The VA denied the Veteran's claim to reopen his previously denied service connection for a left shoulder disorder, arthritis of the left knee, and arthritis of the right knee. The evidence submitted did not demonstrate that these conditions began in or were caused by military service.

The Board denied service connection for a right shoulder disability and a rating in excess of 40 percent for lumbosacral spine with spondylolisthesis. The Veteran's left shoulder disability and PTSD remain under review.

The Board denied an extraschedular rating for the Veteran's anxiety disorder and found that he is not entitled to a TDIU due to his service-connected disabilities. The Veteran's anxiety disorder, sleep apnea, tinnitus, and erectile dysfunction do not preclude him from securing and following substantially gainful employment.

The Veteran's appeal is being remanded to obtain additional treatment records, provide proper notice regarding TDIU, and schedule a VA examination.

The Veteran's claims for a higher evaluation of his chronic lumbosacral strain and TDIU are being remanded due to the need for additional development, including obtaining an addendum to the September 2016 VA examination.

The Veteran withdrew her appeal for a higher initial rating for lumbosacral spine strain with degenerative joint disease (claimed as low back pain). The issue of service connection for asthma is addressed in the REMAND portion.

The Veteran's obstructive sleep apnea is related to his active service, and he has been granted service connection for this condition. He also received initial compensatory ratings for other conditions.

The Board has remanded the case for an addendum opinion to determine if the Veteran's sleep apnea is related to his service or aggravated by his service-connected psychiatric disability, specifically considering his head injury in service and subsequent complaints of tiredness.

The Board has granted the Veteran's claim for TDIU as of December 4, 2015. The claims for increased ratings for right knee disability and bilateral hearing loss are pending.

The Board finds that sleep apnea was not manifest during active service and is not shown to be caused or aggravated by the Veteran's service-connected idiopathic central nervous system hypersomnolence syndrome. Therefore, the claim for service connection for sleep apnea secondary to service-connected idiopathic central nervous system hypersomnolence syndrome is denied.

The Board finds that the Veteran's current back disorder is not causally or etiologically related to any disease, injury, or incident during service. The STRs do not show a chronic condition in service and arthritis did not manifest within one year of discharge.

The Board has determined that additional development is needed to obtain the appellant's SSA records, military dependent treatment records, and medical opinions. The case will be remanded for these actions.

The Board has remanded the Veteran's claims due to additional relevant evidence submitted since the December 2012 Statement of the Case. The case will be adjudicated again by the RO.

The Board finds that the Veteran's current degenerative disc and joint disease of the lumbosacral spine is related to his service, resolving all reasonable doubt in favor of the Veteran.

The Board found that the evidence did not support a finding of service connection for obstructive sleep apnea, respiratory disorder (asthma), or acquired psychiatric disorder.

The Veteran's service-connected disabilities have been rated according to the criteria set forth in the VA Schedule for Rating Disabilities. The hypertension has been assigned a 10 percent rating, and the right and left ankle disabilities have each been assigned a 20 percent rating. The PTSD and MDD have been assigned a 30 percent rating effective July 28, 2015.