Sleep apnea decisions — 2018

The Board has granted service connection for lumbosacral spine degenerative disease and lumbar spasm, as well as major depressive disorder. The Veteran's current conditions are deemed to have been incurred in service.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions and VA examinations to address the claims of service connection for obstructive sleep apnea and a higher rating for his thoracolumbar spine disability.

The Board has remanded the cases for further development, including obtaining updated VA treatment records and service treatment records from the Veteran's period of active duty. The issues of entitlement to service connection for various disabilities are also being addressed.

The Board has denied the Veteran's claims for service connection for overuse syndrome of the upper extremities, obstructive sleep apnea, and peripheral neuropathy in both upper extremities due to a lack of evidence showing a current disability or a causal relationship between these conditions and active duty service.

The Board finds that the evidence is at least in equipoise as to whether there is a causal relationship between the Veteran's obstructive sleep apnea and his service-connected traumatic brain injury. Therefore, service connection for sleep apnea on a secondary basis has been granted.

The Veteran's claims for service connection for fatigue and sleep disturbance due to an undiagnosed illness have been denied as there is no evidence of a chronic condition or an undiagnosed illness at any time during the appeal period.

The Board has reopened the claim for service connection for neuralgia of the right arm and granted service connection for facial skin condition (rosacea) as secondary to sleep apnea. Service connection was denied for positional vertigo and non-Hodgkin's lymphoma due to lack of evidence linking these conditions to service or a service-connected disability.

The Board has remanded the case due to the need for additional development, including obtaining VA treatment records and providing a VA opinion regarding the nature and etiology of the Veteran's sleep apnea.

The Board found that the Veteran's sleep apnea was not incurred in service and denied his claim.

The Board has granted service connection for bilateral pes planus, residuals of right ankle injury, and residuals of left ankle injury. The Veteran's current conditions are found to be related to his military service.,Service connection is also granted for sleep apnea, with the condition being presumed to have had its onset during active military service.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board finds that his claim for TDIU is granted.

The Board has determined that new and material evidence has not been submitted to reopen claims for sleep apnea, diabetes mellitus, type II, and hypertension. The claim for service connection for a right knee disability is reopened but the Veteran's right knee disability is not found to be related to his period of active service.

The Board has determined that the Veteran's obstructive sleep apnea is related to his service and grants service connection for this condition.

The Board has decided that the Veteran's claim for sleep apnea is not ready for final decision and requires additional development.

The Board has determined that the Veteran's sleep apnea is etiologically related to service and grants service connection for this condition.

The Board has determined that the Veteran's obstructive sleep apnea was aggravated by his service-connected PTSD, and therefore grants service connection for this condition.

The Veteran's appeal is being remanded to the AOJ for review of additional evidence, including treatment records and a Gulf War examination. The AOJ should obtain addendum opinions addressing the etiology of the Veteran's sleep apnea and allergic rhinitis claims.

The Veteran's sleep apnea is found to be incurred in service, and the Board grants service connection for this condition. The claims for hypertension and erectile dysfunction are remanded as additional development is needed.

The Board has remanded the case for a new VA opinion regarding whether the Veteran's service-connected PTSD or medication caused him to become obese and gain weight, which in turn contributed to his obstructive sleep apnea.

The Veteran's left knee disability is currently rated at 20 percent based on recurrent instability, and a separate rating of 10 percent for limitation of flexion due to pain. The lumbosacral spine disability is also rated at 20 percent. No higher ratings are warranted as the evidence does not support ankylosis or severe forward flexion limitations.