Sleep apnea decisions — 2018

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation since December 12, 2005.

The Veteran's service-connected left shoulder disability is not the cause of his current neck disability.,There is no evidence to support a finding that the Veteran has residuals from a head concussion at any point during the appeal period.

The Board found no evidence of a current disability, or that any claimed disabilities may be related to service. Therefore, the claims for sleep apnea, hypertension, gout, migraine headaches, and psychiatric disability were denied.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation for the period prior to June 21, 2012.

The Veteran's appeal was granted, and he is now entitled to a temporary total disability rating for convalescent purposes following surgery for fungus infection of the feet from March 1, 2010 to April 1, 2010.

The Board has remanded the case for further development, including obtaining an addendum opinion from a VA examiner regarding whether the Veteran's current obstructive sleep apnea is related to his active military service. The TDIU claim will also be remanded as it is inextricably intertwined with the service connection claim.

The Veteran's right second toe hammertoe was not shown to be related to service, and the Board denied service connection for this condition. The claim of service connection for a sleep disorder (claimed as narcolepsy) is also denied due to lack of evidence linking it to service.

The Veteran's lumbar spine disability is rated at 20 percent, and his radiculopathy of the right lower extremity is rated at 10 percent. Both conditions are currently assigned the highest possible rating under their respective diagnostic codes.

The Veteran's right lower radiculopathy was reduced from 10 percent to noncompensable effective February 11, 2009. The Board restored the original rating of 10 percent.,The Veteran is not entitled to a TDIU rating as his service-connected disabilities do not prevent him from securing or following substantially gainful employment.

The Board has determined that the Veteran's current obstructive sleep apnea was incurred during his active service and is not related to any exposure to burn pits, Agent Orange, Camp Lejeune, radiation, or Gulf War. The Veteran's sleep apnea was diagnosed within a year of his separation from service.

The Veteran's hypertension has been granted service connection. For the initial rating period from February 13, 2008 forward, a higher disability rating of 30 percent for left shoulder disability and a higher disability rating of 50 percent for depression have also been granted.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a VA examination and additional medical records.

The Veteran's back disability was rated at 20 percent prior to July 23, 2012. From July 23, 2012 through February 27, 2014, the rating was increased to 40 percent. Since then, no higher ratings have been granted.

The Veteran's fibromyalgia and sleep apnea are found to be caused by his service-connected PTSD.,Bilateral upper and lower extremity neuropathy is found to be related to the Veteran's diabetes, which developed after his service-connected PTSD.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the current severity of his service-connected lumbosacral spine intervertebral disc syndrome with degenerative changes and right ankle degenerative arthritis.

The Veteran's claim for service connection for chronic fatigue and obstructive sleep apnea is being remanded due to the need for additional medical examination.

The Veteran's claims for service connection for right ankle ganglion cyst, right ear hearing loss, tinnitus, bilateral pes planus, and headaches have been granted. The Veteran is also assigned a 10% disability rating for his headaches.

The Board has determined that a remand is necessary to clarify the etiology of the Veteran's obstructive sleep apnea and whether it is related to his service-connected PTSD with insomnia and chronic rhinitis.

The Veteran's sleep apnea is not related to his active military service, including exposure to herbicide agents while serving in the Republic of Vietnam. The Board finds that service connection for the Veteran's sleep apnea (as directly related to his active military service) is not supported by the evidence of record.

The Veteran's service connection claim for sleep apnea is denied as the disability was not incurred in or aggravated by his military service and there is no evidence linking it to a service-connected condition.