Sleep apnea decisions — 2018

The Board found that the Veteran's obstructive sleep apnea did not manifest during or as a result of active military service and denied his claim for service connection.

The Veteran's appeal is being remanded for further development, including obtaining updated VA treatment records and scheduling the Veteran for a respiratory examination. The issues include determining if his collapsed left lung warrants an initial compensable rating, service connection for chronic respiratory conditions (including bronchitis, asthma, emphysema, COPD), and sleep apnea are warranted, as well as whether he is entitled to TDIU.

The case is being remanded for additional development, including obtaining medical records and scheduling the Veteran for examinations to assess his left wrist condition, organic hypersomnia, and sleep apnea. The claims will be adjudicated again after these steps.

The Board has denied the Veteran's claims for service connection for eye disability, sleep apnea, and bilateral knee disability. The evidence does not establish a direct link between these conditions and service.

The Board has remanded the case for additional development and review of the Veteran's medical records, including VA treatment records and Social Security Administration (SSA) disability benefits records. The claims will be reconsidered based on the new evidence.

The Veteran's appeal is remanded for further development, including obtaining medical opinions regarding the etiology of his COPD and sleep apnea.

The Veteran's appeals for service connection for lumbar radiculopathy, right lower extremity; a chronic bilateral leg disability; and arthritis of the bilateral hips have been withdrawn prior to the Board issuing a decision.

The Veteran withdrew his appeal for the issue of entitlement to service connection for left and middle chest pain during a hearing before the Board. The remaining issues are related to evaluations for lumbosacral strain, degenerative arthritis, intervertebral disc syndrome (IVDS), right knee sprain, and left knee sprain.

The Veteran's sleep apnea is granted as service connected. The Board found the evidence in equipoise regarding whether his Meniere's syndrome was incurred during service.

The Board found that the Veteran's CSA was related to his service-connected RSD and granted service connection for PTSD based on a diagnosed mood disorder. The SMC claim was also granted.

The Board has determined that the Veteran's obstructive sleep apnea did not begin during or be caused by his military service, and it has not been shown to have been caused or aggravated by a service-connected disability.

The Veteran's bilateral hearing loss, tinnitus, lumbosacral and cervical spine disabilities had their onset in active service or are related to in-service injuries. The Board finds that the most probative evidence of record shows that these conditions have a direct relationship with his military service.

The Veteran's hypertension was granted a higher rating of 40 percent from August 18, 2015 to June 16, 2016 and a 10 percent rating since June 17, 2016.,Regarding the sleep apnea claim, another examination is required to determine whether it began in service or was caused by events in service. The Veteran's medical records also indicate he has several foot disabilities that are specifically listed, so a remand is necessary for a contemporaneous examination.

The Veteran's current sleep apnea did not have its onset in service and is not related to service. The Board finds the opinion from the February 2017 VA examination to be persuasive as it considered the claims file and provided a negative nexus opinion.

The Veteran's service-connected disabilities, including MDD, rendered him unable to secure and follow a substantially gainful occupation as of March 5, 2001. The effective date for the grant of TDIU is now set at May 13, 2004.

The Veteran's claims for increased ratings for his service-connected narcolepsy, DJD and DDD of the lumbosacral spine, and cervical spine degenerative joint disease and muscle strain have been denied. The effective date for service connection has also not been granted.

For the period of October 25, 2006 to October 13, 2015, the Veteran's back disability was rated at 20 percent due to spasms resulting in an abnormal gait.,From October 14, 2015 to January 18, 2016, the rating increased to 40 percent as a result of forward flexion of 30 degrees or less. The criteria for a higher rating were not met during this period.

The Board has determined that the Veteran's PTSD and sleep apnea were not incurred in or aggravated by service, as there is no credible evidence linking these conditions to his military service. The Veteran's testimony regarding racial discrimination during service was found to be less credible due to inconsistencies with other evidence in the claims file. His sleep apnea was also determined to have begun after service and is not related to any service-connected condition.

The Veteran's appeal is being remanded due to the need for an addendum opinion regarding whether his service-connected musculoskeletal disabilities cause or aggravate his obstructive sleep apnea.

The Board finds that the Veteran's diagnosed obstructive sleep apnea is not related to service or a service-connected condition, and thus denies his claim for service connection.