Sleep apnea decisions — 2018

The Board has dismissed the claims for service connection due to the Veteran's death. The appeal is remanded for a medical opinion regarding whether any service-connected condition contributed to the Veteran's cause of death.

The Board has determined that additional development is needed to address the Veteran's claims for service connection, including considering his exposure while on board USS SOUTHERLAND and reviewing VA examination opinions. The AOJ will obtain a fact-based assessment of whether the Veteran was exposed to herbicide agents in Vietnam and provide another opportunity for the Veteran to submit evidence.

The Board has determined that the Veteran's current low back disability, including arthritis, had its initial onset during his second period of active service and is related to that service. The heart disease claim will be remanded for additional development as it involves a complex medical issue. Sleep apnea claims are also remanded due to insufficient evidence regarding its onset or aggravation during service.

The Veteran's sleep apnea syndrome was not manifested during service and is not shown to be related to active service.

The Board dismissed the appeal due to the Veteran's death, and no jurisdiction remains for further action.

The Veteran's lumbosacral strain, with spinal stenosis and intervertebral disc syndrome, is currently rated at 40 percent. The Board found that the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine or additional functional loss due to pain, weakness, fatigue, lack of endurance, incoordination, instability, or abnormal weight bearing.

The Veteran's appeal is being remanded for additional development, including obtaining an addendum opinion regarding the ranges of motion and additional functional impairment of his low back disability during a flare-up.

The Board has determined that there is not sufficient evidence to support the Veteran's claims for service connection for obstructive sleep apnea and rhinitis, as they are less likely than not related to his active duty service or a service-connected condition.

The Veteran's migraine headaches were granted service connection. Service connection for obstructive sleep apnea was denied as not incurred in service and is not secondary to PTSD. Service connection for memory loss was denied.

The Board denied service connection for Obstructive Sleep Apnea and Acquired Psychiatric Disability (Unspecified Depressive Disorder) as the evidence did not support a finding that these conditions began during service or were related to an in-service injury, event, or disease.

The Board has remanded the claims of service connection for bilateral plantar fasciitis, obstructive sleep apnea, and an initial compensable rating for rhinitis due to potential new evidence and a need for further examination.

The Veteran's appeal for service connection of dysthymic disorder has been dismissed as the Veteran requested a withdrawal of his appeal.

The Veteran's tinnitus, acquired psychiatric disorder (bipolar disorder), OSA, migraine headaches, and left knee pain are all granted service connection.,Service connection for right shoulder disability, bilateral hearing loss, right leg restless leg syndrome, left leg restless leg syndrome, cervical spine osteoarthritis, and left arm radiculopathy is denied.

The Veteran's appeal for service connection for sleep apnea was denied due to lack of a timely notice of disagreement. The Board found that the Veteran did not meet the schedular criteria for TDIU prior to December 22, 2010, but the evidence is in equipoise as to whether he has been unable to secure and follow substantially gainful employment since then.

The Board has determined that the Veteran's sleep apnea began during his active service and is related to his military service, granting service connection for this condition.

The Board has decided that the Veteran's sleep apnea may have started during his military service and requests a VA examination to determine if this is true.

The Board denied service connection for a bilateral foot disability and obstructive sleep apnea, finding that the Veteran's current conditions are not related to his military service.

The Veteran's claim for a higher rating for his lumbosacral strain with IVDS is being remanded due to the need for additional development, including range of motion testing in accordance with recent court decisions.

The Board has remanded the case for additional development, including obtaining medical opinions regarding whether a sleep disorder existed and its relationship to service or service-connected conditions.

The Veteran's sleep apnea was incurred in service, and the Board has granted service connection for this condition.