Sleep apnea decisions — 2018

The Veteran withdrew his appeal regarding the claims for sleep apnea, a respiratory condition, and sinusitis.

The Board found that the Veteran's lumbosacral strain has not worsened since his last VA examination in 2013, and thus does not warrant a higher disability rating.

The Board has determined that the Veteran's hypertension is not related to service.,Evidence received since a final December 1996 rating decision includes new and material evidence relating to his right leg disability, which he seeks to reopen. The claim of entitlement to service connection for a right leg disability separate from radiculopathy is reopened.

The Veteran's claims for service connection for a wart on the right arm, leptospirosis, obstructive sleep apnea, and acute renal failure have all been denied as they are not considered to be related to Gulf War illness or an undiagnosed illness.

The Veteran's claims for an effective date earlier than March 24, 2011 for sciatica of the left lower extremity and service connection for an acquired psychiatric disability (to include depression) were dismissed. The claim for a compensable rating for obstructive sleep apnea was granted from May 20, 2015 to July 4, 2016 with a 30 percent rating, and from July 5, 2016 with a 50 percent rating. The Veteran's claim for TDIU prior to May 20, 2015 was denied due to the presence of other service-connected disabilities that precluded him from obtaining or maintaining gainful employment. From May 20, 2015 onwards, his claim for TDIU was granted.

The Board has granted service connection for arterial thrombosis, right leg above-the-knee amputation, erectile dysfunction, and obstructive sleep apnea as secondary to the Veteran's service-connected diabetes mellitus and hypertension.

The Veteran's sleep apnea, erectile dysfunction, skin rash on elbows and upper arm, bilateral lower extremity peripheral neuropathy, and bilateral upper extremity peripheral neuropathy are not related to his military service. The Board finds that the preponderance of evidence is against these claims.

The Board has remanded the case for further development, including obtaining service treatment records and arranging for a VA examination to address the etiology of the Veteran's sleep apnea and acquired psychiatric disorder.

The Veteran's back disability is found to be related to his active service, and thus service connection for a back disability is granted.

The Board granted service connection for the Veteran's neck disability, bilateral arm disability, bilateral knee disability (as secondary to a service-connected lumbar spine disability), bilateral foot disability (as secondary to a service-connected lumbar spine disability), obstructive sleep apnea, and GERD. The grants of service connection are based on new evidence submitted by the Veteran.

The Veteran's obstructive sleep apnea was granted service connection as it had an onset during active service.,There is no evidence of fibromyalgia or chronic fatigue syndrome, and the Veteran's symptoms are attributed to his service-connected conditions.

The Veteran's residuals of a pituitary tumor status post resection are not service-connected as they were not caused by exposure to chemicals or asbestos during service.,Service connection for sleep apnea is denied because the condition did not have onset in service and there is no evidence linking it to exposure to chemicals or asbestos during service.

The Veteran's lumbosacral strain was found to be manifested by flexion limited to no worse than 60 degrees with muscle spasms that cause an abnormal gait from May 1, 2014. The criteria for a higher rating were not met.

The Veteran's appeal for a sleep disorder other than sleep apnea was denied as he does not have such a condition. The claim for TDIU based on service-connected disabilities was also denied due to the Veteran's inability to secure or follow substantially gainful employment.

The Veteran's service-connected lumbosacral strain, postoperative L5 laminectomy and disc replacement disability has led to the loss or loss of use of one lower extremity (left) together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair. As such, the Veteran is entitled to specially adapted housing.

The Veteran is granted SMC at the maximum rate (SMC(r)(1)) due to service-connected disabilities, including loss of use of all extremities and need for regular aid and attendance.

The Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, was granted. The claims for increased ratings for the bilateral knees and for a sleep disorder were also granted.

The Board has remanded the claims due to insufficient evidence and needs additional opinions regarding the nature and etiology of the Veteran's left foot disability and sleep apnea.

The Veteran has withdrawn their appeal of all issues listed on the title page, including those related to depression, tinnitus, degenerative disc disease (DDD) of the lumbar spine, DDD of the cervical spine, sleep apnea, atrial fibrillation with mild left ventricular hypertrophy, hypertension, right ear hearing loss, and residuals of fractured nose. As a result, the appeal is dismissed.

The Board has determined that the Veteran does not have a current disability of bilateral hearing loss, hemorrhoids, or residuals of surgically corrected deviated septum (including sleep apnea) that is service-connected.,There was no evidence presented to show these conditions originated during active service.