Sleep apnea decisions — 2018

The Board has ordered a new VA examination to determine if the Veteran's current lumbosacral strain is related to his in-service injury, and whether it was aggravated by that injury. The case will be remanded for this purpose.

The Board has determined that the Veteran's claims for service connection for bilateral hearing loss, tinnitus, COPD, obstructive sleep apnea, and frostbite residuals require additional development due to outstanding VA and private treatment records. The Veteran is also required to undergo VA examinations to determine the nature and etiology of his claimed disabilities.

The Board has determined that new and material evidence was submitted to reopen the Veteran's claim for service connection for sleep apnea. The Board then found that the Veteran's current sleep apnea had its onset in service, establishing a nexus between his active duty service and his current condition.

The Veteran's hypertension has not been found to meet the criteria for a compensable rating.,His sleep apnea claim was denied as he does not have a diagnosed condition of sleep apnea, but rather insomnia related to his service-connected anxiety and depression.

The Veteran's claims for PTSD and obstructive sleep apnea were denied. The Board found that there was no competent evidence linking these conditions to his military service. For the lumbar spine disabilities, a remand is required as the most recent VA examination did not include range of motion findings in accordance with Correia v. McDonald.

The Board has remanded the Veteran's claims for additional development due to the need for medical opinions regarding the etiology of his sleep apnea and gastritis/GERD, as well as whether these conditions are related to service-connected left shoulder disability.

The Board has determined that the Veteran's sleep apnea is related to his active duty service and grants the claim for service connection.

The Board has remanded the case due to a lack of adequate medical opinion regarding the Veteran's claimed sleep disorder. The Veteran is seeking service connection for obstructive sleep apnea, which was initially diagnosed in service and noted on his chronic problems list.

The Veteran's claim for a 50 percent rating for migraines prior to October 4, 2010 is denied. The effective date of the grant of special monthly compensation based on housebound status is set to October 4, 2010.

The Board found that the Appellant's pre-existing scoliosis did not worsen during his periods of ACDUTRA and INACDUTRA, thus denying service connection for both thoracic spine and lumbar spine disabilities.

The Veteran's claims for an initial compensable rating for bilateral hearing loss and service connection for a sleep disorder were denied. The Board found that the Veteran's current obstructive sleep apnea is not attributable to service, service-connected disabilities or exposure to herbicides.

The Board has denied the Veteran's claims for service connection for residuals of stroke, atrial fibrillation, chronic obstructive pulmonary disease (COPD), and obstructive sleep apnea (OSA) as these conditions are not related to his active military service or presumed herbicide exposure.

The Board has determined that the Veteran's obstructive sleep apnea did not have its onset during active service and is not otherwise etiologically related to his military service, including as secondary to his service-connected sinusitis with allergic rhinitis.

The Veteran's lumbar strain is currently rated at 40 percent, effective from July 24, 2015. The Board finds that the evidence supports a higher rating for his service-connected lumbar strain.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's obstructive sleep apnea had its onset during his periods of active service, including based on symptoms first noted in service. As a result, the claim for service connection for obstructive sleep apnea is granted.

The Veteran's claim for service connection for chronic fatigue syndrome was denied, while his claim for service connection for obstructive sleep apnea was granted.

The Veteran's service connection claims for GERD, CFS, IBS, and sleep apnea are granted. The lumbar spine disability is also granted as in-service. No rating assigned.

The Veteran's appeal is remanded due to the need for additional development, including VA examinations and obtaining outstanding medical records. The issues of service connection for a back disorder, special monthly compensation based on aid and attendance, and TDIU are inextricably intertwined with the issue of service connection.

The Board has determined that the evidence is at least in equipoise as to whether hypertension and sleep apnea are related to service, granting service connection for both conditions.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's obstructive sleep apnea had onset during active duty service, and therefore grants service connection for this condition. The issue of entitlement to service connection for a sinus disorder secondary to Gulf War exposure remains unresolved.