Sleep apnea decisions — 2018

The Board has determined that the Veteran's sleep apnea did not have its onset in service and was not caused by or incurred in service, thus denying his claim for service connection.

The Veteran's asthma was not found to be related to service or environmental exposures. Service connection for OSA and an acquired psychiatric disability, including PTSD, anxiety, and depression, were denied.

The Veteran's current sleep apnea disability did not have onset during active service and was not caused by active service. Therefore, the claim for service connection is denied.

The Veteran's appeal was dismissed due to his request to withdraw the issue of entitlement to service connection for obstructive sleep apnea. The remaining claim, regarding hypertension as secondary to PTSD, is pending and requires further development.

The Veteran's claim for an annual clothing allowance due to the use of a back brace in 2014 is denied as the brace does not qualify under VA regulations.

The Veteran's service-connected disabilities, including obstructive sleep apnea, migraine-type headaches, lumbar myositis, cervical myositis, right (major) shoulder impingement syndrome, right knee sprain residuals, left knee patellofemoral syndrome, and tinnitus, render him unable to secure or follow a substantially gainful occupation. Therefore, he is granted a TDIU.

The Board has determined that there is not sufficient evidence to establish a connection between the Veteran's current lumbosacral spine disability and his military service, including an in-service injury or event. The claim for service connection is therefore denied.

The Veteran's claims for increased ratings and TDIU were granted, with the initial rating of 40 percent assigned for residuals of a compression fracture of the T-12 with osteoarthritis as of January 13, 2017. The radiculopathy claim was also granted.

The Veteran's claims for diabetes mellitus, obstructive sleep apnea, and a left lower extremity disability have been denied as there is no evidence of in-service injury or exposure to herbicide agents. The Board finds that the Veteran was not exposed to herbicide agents during active duty service at Lowry Air Force Base (Lowry AFB) in Colorado.

The Board has determined that the Veteran's obstructive sleep apnea began during active service and grants service connection for this condition.

The Board has dismissed the appeals for service connection of bilateral hearing loss, bilateral tinnitus, chronic fatigue syndrome, sleep apnea, dermatitis and skin disorder, headaches, and PTSD as they have already been granted by the RO.

The Board has determined that the VA examination opinions are inadequate and requires a remand for a new VA examination to determine if the Veteran's sleep apnea is related to his service.

The Board has decided to remand the case for additional development, including obtaining updated VA or private treatment records and scheduling a VA examination to determine if the Veteran's sleep apnea is related to his military service.

The Veteran's appeals for increased ratings on various service-connected conditions have been dismissed as the Veteran withdrew his appeal.

The Veteran's appeal is being remanded for additional examinations and consideration of his claims for DDD of the lumbar spine, right shoulder spurring, and chronic obstructive sleep apnea.

The Board found that the Veteran's sleep apnea was not incurred in or related to his military service and denied his claim for service connection.

The Board has granted the Veteran's petition to reopen his claim for service connection for lumbosacral strain and finds that he is entitled to service connection based on a pre-existing condition aggravated by active duty.

The Board has reopened the claims for residuals of a left knee injury, hemorrhoids, sleep apnea (recharacterized as an acquired psychiatric disorder), and PTSD. However, service connection cannot be established as the Veteran's conditions are not shown to have been incurred or aggravated by military service.

The Board has granted service connection for a lumbosacral spine disability. The remaining claims of service connection for right hip, GERD, and skin disabilities are remanded as the Veteran has not been provided a VA examination to assess these conditions.

The Veteran's sleep apnea was not manifest in service and is not otherwise related to service. The Board finds that the Veteran's sleep apnea is not etiologically related to service.