Sleep apnea decisions — 2018

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's cervical spine, thoracolumbar spine, and sleep apnea conditions. The case will be returned for further action.

The Board found that the evidence does not support a finding that the Veteran's obstructive sleep apnea had onset in service or is otherwise causally connected to active service, and therefore denied the claim for service connection.

The Veteran's PTSD has been granted a 70 percent rating effective June 14, 2016. He is also entitled to TDIU prior to May 25, 2016.,The Veteran's chronic frontal sinusitis was granted an increased rating to 50 percent effective February 10, 2012.

The Veteran's obstructive sleep apnea is at least aggravated by his service-connected diabetes mellitus, type II. The Board finds that the criteria for secondary service connection are met.

The Board has granted the Veteran's claims for service connection for erectile dysfunction and major depressive disorder, and an initial rating of 70 percent for major depressive disorder. The issue of service connection for obstructive sleep apnea was withdrawn by the Veteran. TDIU is also granted.

The Veteran's lumbosacral strain, bilateral sacroiliitis, and retrolisthesis of the coccyx are currently rated at 20 percent disabling. The rating is maintained as there were no incapacitating episodes requiring bed rest prescribed by a physician.

The Board has decided the case needs further development and remand due to issues with the etiology of the Veteran's sleep apnea, specifically regarding its onset during service or its relation to sinusitis.

The Veteran is found unable to secure or follow a substantially gainful occupation due to his service-connected disabilities, and the Board grants an extraschedular TDIU.

The Board denied the claim for service connection of glioblastoma/gliosarcoma, finding that there was no causal link between the Veteran's military service and his diagnosis. The medical evidence did not indicate a causal relationship to herbicide exposure.

The Veteran's appeal for service connection of sleep apnea has been dismissed as he requested to withdraw the appeal.

The Veteran's claim for a rating in excess of 20 percent for his back disability from August 26, 2009 to August 3, 2011 was denied as the evidence did not show forward flexion of the thoracolumbar spine to 30 degrees or less.,The Veteran's claim for a rating in excess of 40 percent for his back disability from August 4, 2011 was denied as the evidence did not show unfavorable ankylosis of the entire spine.

The Board has granted service connection for Obstructive Sleep Apnea and finds that the Veteran's current symptoms are related to his in-service diagnosis. The issues of increased rating for Left Ankle Disability and cause and aggravation of Right Knee Disability by Left Ankle Disability have been remanded.

The Veteran's service-connected rosacea and residual scar to the nose, status post basal cell carcinoma excision are currently rated as 10 percent each. The Board finds that these ratings adequately reflect the severity of the conditions.

The Board has remanded the case due to outstanding VA treatment records and the need for additional medical examinations to determine the etiology of sleep apnea and hip disability.

The Board found that the Veteran does not have obstructive sleep apnea or a low back disability (DDD) that had its clinical onset in service or is otherwise related to active duty. The claims are therefore denied.

The Veteran's appeals for increased weight gain and obstructive sleep apnea have been withdrawn. The remaining issues are addressed in the REMAND portion of this decision.

The Veteran's tinnitus is related to service, and the Board has granted service connection for this condition. The issues of service connection for sleep apnea and rheumatoid arthritis are pending.

The Board has remanded the Veteran's claims due to a lack of VA examination and treatment records, and for further development.

The Board has decided to remand the case for an addendum opinion regarding whether the Veteran's current sleep apnea is related to his military service or caused by his service-connected depression, including any medication prescribed for his depression.