Sleep apnea decisions — 2018

The Veteran's thoracolumbosacral strain has not been manifested by forward thoracolumbar flexion less than 61 degrees; or, by a combined range of thoracolumbar motion less than 121 degrees; or by muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. Therefore, the Veteran's claim for higher evaluation is denied.

The Board denied service connection for residuals of thyroid cancer and obstructive sleep apnea, finding that the conditions are not related to service or exposure to contaminated water at Camp Lejeune.,Specifically, the January 2015 VA examiner concluded that the Veteran's thyroid cancer is not caused by her military service, including exposure to contaminated water at Camp Lejeune.

The Veteran's lumbar spine disability was not incurred in or aggravated by service, and the Board denied service connection for a cervical spine disability.

The Veteran's claims for service connection and increased ratings were denied. The Board found no current disability of bilateral hearing loss, and the criteria for a higher rating for thoracolumbar spine strain, cervical strain, left wrist strain, and hemorrhoids were not met.

The Board has reopened the Veteran's claim of service connection for a neck disability and remanded other issues including sleep apnea, allergic rhinitis, and pseudofolliculitis barbae.

The Veteran's lumbar spine disability was previously rated at 20 percent from February 7, 2008, to June 6, 2012. The claim for a higher rating is denied.

The Board has remanded the claims for service connection for various conditions, including a right knee disability, hepatitis B, sleep apnea, and an acquired psychiatric disorder. The Veteran's statements regarding symptom onset will be considered along with any new evidence provided.

The Veteran's appeal is being remanded for further development, including a VA examination to assess the nature and etiology of his claimed sleep apnea. Additionally, he must be provided with a statement of the case regarding initial increased ratings for cluster headaches, chronic lumbar strain, and bilateral ankle tendonitis.

The Board has decided to remand the case due to insufficient opinion on whether the Veteran's sleep apnea is related to service, and for obtaining additional medical records.

The Board has reopened the Veteran's claim of service connection for obstructive sleep apnea and finds that new evidence submitted raises a reasonable possibility of substantiating the claim. The Board grants service connection for obstructive sleep apnea.

The Veteran's claim for service connection for diabetes mellitus, type II was denied as there is no evidence that it was incurred during or within one year following his military service. The Board found the VA examiner's opinion to be highly probative and against the Veteran's claim.

The Board has reopened the claim for service connection for a low back disorder and granted it. The Veteran's sleep apnea is not service connected, but secondary to his service-connected GAD. Meningitis and sarcoidosis are not found to be related to service.

The Veteran's claims for service connection for obstructive sleep apnea and hypertension have been denied as there is no evidence of their onset in service or within one year after separation, and the Board finds that they are not related to his service-connected diabetes mellitus type II.

The Board has determined that the Veteran's obstructive sleep apnea was not incurred in or aggravated by service, but his diabetes mellitus is attributable to service.

The Board has determined that there is an approximate balance of positive and negative evidence regarding whether the Veteran's current sleep apnea is aggravated by his service-connected acquired psychiatric disorder (claimed as PTSD and diagnosed as adjustment disorder and anxiety disorder). As a result, the claim for service connection for sleep apnea secondary to the service-connected acquired psychiatric disorder is granted.

The Veteran's lumbar degenerative disc disease and right lumbosacral radiculopathy have been evaluated based on their current manifestations, with the highest ratings granted for each condition.

The Veteran's diabetes mellitus II is being remanded for further examination and opinion regarding whether it is at least as likely as not caused or aggravated by his service-connected sleep apnea, erectile dysfunction, or anxiety disorder.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his lumbosacral spondylosis without myelopathy, as the previous examination was inadequate.

The Board has granted service connection for sleep apnea as secondary to diabetes mellitus type II. The Veteran's initial rating for bilateral open angle glaucoma and cataracts is increased from 10% to 20% prior to November 24, 2014.

The Veteran's claims for service connection for obstructive sleep apnea and an increased rating for erectile dysfunction are not currently before the Board. The claim for PTSD is being remanded for additional development.