Sleep apnea decisions — 2018

The Board denied service connection for lumbosacral strain, left ankle/foot strain, and bilateral pes planus. Service connection was granted for low back disability (DDD with stenosis and dextroscoliosis), numbness in the left leg and foot, residuals of injury to the right leg, including hip, ankle, and foot, and residuals of injury to the left wrist, hand, and fingers.

The Veteran's service-connected chronic lumbosacral strain was found to be noncompensably disabling prior to December 3, 2015 and rated as 10 percent disabling since that date. The Board determined the current level of disability does not warrant a higher rating.

The Veteran's appeal for increased ratings for bilateral hearing loss and service connection for sleep apnea syndrome has been withdrawn by the Veteran's representative.

The Board has remanded the case for additional development to address the bases of the Court's Memorandum Decision, including obtaining an addendum opinion from a VA examiner regarding whether the Veteran's obstructive sleep apnea was caused or aggravated by his service-connected sinusitis and/or lithium treatments.

The Veteran's claims for increased ratings for his lumbosacral spine disability and right lower extremity radiculopathy are being remanded due to the need for additional development, including a new VA examination.

The Board has determined that the Veteran's hypertension is caused by his service-connected type II diabetes mellitus, sleep apnea, and posttraumatic stress disorder (PTSD), and therefore grants service connection for hypertension.

The Board has remanded the case for further development, including obtaining updated VA treatment records and providing a VA examination to determine the nature and etiology of the Veteran's current sleep apnea and bilateral foot disability.

The Veteran's claim for a higher rating for lumbosacral strain with arthritis and lumbar laminectomy is denied as his disability does not meet the criteria for a rating in excess of 20 percent.

The Veteran's sleep apnea was not caused or aggravated by his service-connected sinusitis with a deviated nasal septum, and the Board finds that direct service connection is not warranted.

The Veteran's service-connected obstructive sleep apnea with asthma and bilateral restless leg syndrome was manifested by use of a CPAP machine, daily medication for asthma, and pulmonary function test values no lower than pre-bronchodilator FVC of 86 percent; FEV-1 of 73 percent; and FEV-1/FVC of 66 percent. The disability did not result in chronic respiratory failure with carbon dioxide retention or cor pulmonale, required tracheotomy, FEV-1 or FEV-1/FVC less than 55 percent, at least monthly visits to a physician for required care of exacerbations, intermittent (at least three times per year) courses of systemic (oral or parenteral) corticosteroids, or more than one asthma attack per week with episodes of respiratory failure.

The Board has determined that the Veteran does not meet the criteria for service connection for any of his claimed conditions, as there is no clear and unmistakable evidence to rebut the presumption of soundness at entry into service or a pre-existing condition was aggravated by service. The diagnoses are found to be less likely related to service.

The Veteran's current sleep apnea is established as a current disability, and the Board finds that additional development is needed to determine if it is related to his service. The case is therefore being remanded for further examination.

The Board denied service connection for left arm pain, right arm pain, bilateral knee disabilities, and right side pain due to lack of evidence linking these conditions to active duty service.,Service connection was also denied for obstructive sleep apnea as there is no evidence of the condition during service.

The Board has reopened the Veteran's claim of entitlement to service connection for obstructive sleep apnea and finds that new and material evidence has been received. The Veteran's obstructive sleep apnea is etiologically related to his period of active duty service.

The Board denied the Veteran's claim for service connection for sleep apnea as secondary to her service-connected rhinitis, finding that there was no connection between the two conditions.

The Board has determined that the Veteran's sleep apnea is not related to his military service and therefore denied his claim for service connection.

The Board has determined that the Veteran's sleep apnea is not related to his military service, including presumed exposure to herbicide agents. The right shoulder disorder was found to be less likely than not related to his military service or a result of his service-connected disabilities.

The Board found that the Veteran's current sleep apnea and migraines did not originate in service or until years thereafter, and are not otherwise etiologically related to active service.

The Veteran's lumbosacral strain with degenerative joint disease and associated incomplete paralysis of the sciatic nerve were granted an increased disability rating from 10% to 20%. The effective date is not specified.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's obstructive sleep apnea (OSA) is related to her active military service, and thus grants service connection for OSA.