Sleep apnea decisions — 2018

The Board has determined that the Veteran's obstructive sleep apnea did not have its onset during service or is otherwise related to his service-connected PTSD. The VA examiner provided opinions against these claims.

The Veteran's initial claim for higher ratings for his lumbosacral strain with DDD and IVDS, as well as associated left and right lower extremity radiculopathies, was denied. The effective date of the increased rating for lumbosacral strain is November 3, 2016.,The Veteran's TDIU claim was also denied.

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

The Board found that the Veteran's obstructive sleep apnea did not have its onset during service and is not related to his service-connected PTSD. The claim for service connection was therefore denied.

The Veteran's claims for increased ratings for his low back and right knee disabilities have been remanded by the Board due to additional development being required.

The Board has remanded the claim due to insufficient evidence regarding whether the Veteran's sleep apnea is related to service, including exposure to burn pits in Iraq. The VA examiner concluded that it is less likely than not that the Veteran's sleep apnea was incurred during service or as a result of an in-service disease, event, or injury.

The Board has granted service connection for sleep apnea and insomnia, finding that the evidence is in equipoise regarding their onset during service. The Veteran's statements of symptoms and his wife's observations are considered credible.

The Veteran's claim for increased ratings for his lumbosacral strain with wedging of the thoracic vertebrae is being remanded due to inadequate examination and development needs.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling examinations to assess the severity of his allergic rhinitis, determine the nature and etiology of any sleep apnea and deviated septum, and ascertain whether service connection should be granted for an acquired psychiatric disorder.

The Board denied the Veteran's claims for service connection of morbid obesity, sleep apnea, atrial fibrillation with history of acute congestive heart failure, and hypertension as secondary to residuals of a left knee injury with arthritis. The evidence did not support a finding that these conditions were incurred or aggravated by active duty.

The Veteran's current low back disability, including chronic vertebral osteophytosis with lumbosacral disc derangement, was incurred in service and the Board grants his claim for service connection.

The Veteran's lumbosacral degenerative disc disease is rated at 40 percent, and her radiculopathy of the left lower extremity is rated at 20 percent. The Board has granted a higher rating for the radiculopathy.

The Board has determined that the Veteran's sleep apnea was not incurred or aggravated during his active service and is not related to any service-connected disability. As a result, the claim for service connection for sleep apnea is denied.

The Veteran's appeal is being remanded for additional development to assess the severity of his service-connected conditions, including sleep apnea, hearing loss, and chronic rhinitis. The case will be readjudicated after this development.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's obstructive sleep apnea was caused by his active duty service, and thus grants service connection for this condition.

The Board has decided to remand the case for additional development, including obtaining VA treatment records and an addendum opinion from a clinician regarding the etiology of the Veteran's sleep apnea.

The Veteran's claims for service connection are being remanded due to the need for additional development and medical inquiry.

The Veteran's appeal has been withdrawn by the Veteran, resulting in the dismissal of the case.

The Veteran's claim for an initial rating in excess of 30 percent for DDD of the lumbosacral spine was denied. However, service connection for arthritis of the thoracic spine was granted.

The Board has determined that the Veteran does not have soft tissue sarcoma and his skin disorders did not manifest during active service or are causally related to his military service. Therefore, the claim for service connection is denied.