Sleep apnea decisions — 2018

The Veteran's service-connected depressive disorder has rendered him unable to secure or follow substantially gainful employment since June 1, 2008. Effective June 1, 2008, the Veteran also had additional disabilities totaling over 60 percent disabling, qualifying for SMC at the housebound rate.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea, migraine headaches, and tinea pedis/unguium. The Veteran's eye disability claim was previously denied in 2000 and new evidence does not support reopening this claim.

The Veteran's service-connected sleep apnea with asthma and migraine headaches are currently rated at the maximum allowed under VA regulations. The knee disabilities have not met the criteria for higher ratings.

The Veteran's prostate cancer, obstructive sleep apnea, bilateral ear hearing loss, respiratory disability, eye condition, and diabetes mellitus, type II are presumed to have been incurred in service due to exposure to herbicide agents during the Vietnam Era.

The Board found that the Veteran's sleep apnea did not incur in service and denied his claim for service connection.

The Veteran's bilateral plantar fasciitis with heel spurs and callosities was granted a 10 percent rating, effective January 29, 2014. The RO reduced the rating to 0 percent effective January 29, 2014 due to lack of actual improvement in symptoms.,The claim for service connection for sleep apnea has been reopened based on new and material evidence received since the last final denial.

The Veteran's service-connected PTSD is currently rated at 50 percent, effective May 31, 2011. The Veteran's obstructive sleep apnea was not incurred in or aggravated by service and is unrelated to his service-connected PTSD.

The Board found that the Veteran's gastrointestinal disability did not have its onset in service and is not otherwise related to active service. As such, the claim for service connection was denied.

The Board denied the Veteran's claims for service connection for sleep apnea, evaluations in excess of 20 percent for peripheral neuropathy of both upper extremities, and an earlier effective date for TDIU. The Veteran's skin disability was not found to warrant compensable ratings prior to October 5, 2009 or following July 28, 2010. Dependents' Educational Assistance was also denied.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine is currently rated at 10 percent, but does not meet the criteria for a higher rating based on his symptoms and examination findings.

The Veteran's service connection claim for sleep apnea and insomnia is remanded due to the inadequacy of the June 2014 VA examination, which did not address whether the Veteran has a separate disability manifested by insomnia related to his military service.

The Veteran's claim for service connection for a lumbosacral spine disability is being remanded due to the need for additional development, including obtaining VA treatment records and arranging for an examination.

The Board has determined that the Veteran does not meet the criteria for service connection for diabetes, Graves' disease, hypertension, sleep apnea, left knee arthritis, or reflux.

The Board has determined that the Veteran's myxofibrosarcoma is at least as likely as not related to his active service, specifically due to exposure to herbicides like Agent Orange. As a result, the claim for service connection is granted.

The Veteran's non-service-connected disabilities are of sufficient severity to permanently preclude him from engaging in substantially gainful employment, and the Board finds he is entitled to non-service-connected disability pension benefits.

The Veteran's claim for an increased rating for his lumbosacral spine disability was denied, and the earlier effective date claim for TDIU was also denied. The Board found that the evidence did not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's OSA is considered to have been incurred during his active service, and the Board has granted service connection for this condition.

The Veteran's obstructive sleep apnea is being remanded for a new medical opinion to determine if it is proximately due to or aggravated by his service-connected PTSD.

The Veteran's appeals for higher disability ratings for allergic rhinitis and left inguinal hernia have been dismissed. The Board has also remanded the issues of service connection for urinary frequency, right hip strain, left hip strain, lumbosacral strain, right shoulder strain, left shoulder strain, and left foot bunion, as well as a psychiatric disability.

The Veteran's obstructive sleep apnea is not related to his service, and the Board finds that it was neither caused nor aggravated by his service-connected PTSD or diabetes.