Sleep apnea decisions — 2018

The Board has decided the case requires further development due to insufficient medical opinions regarding whether the Veteran's sleep hypopnea is related to his service-connected conditions and medications.

The Veteran's appeal for service connection for sleep apnea was dismissed. The Board granted a temporary total disability rating for the partial right knee replacement from September 10, 2012 to October 10, 2013.

The Veteran is seeking service connection for sleep apnea, which he claims is secondary to his service-connected depressive disorder (claimed as PTSD). The Board has determined that additional development is needed before this claim can be adjudicated.

The Board denied service connection for left knee strain, right knee disability (other than radiculopathy), and right leg disability (other than radiculopathy). The Veteran's sleep apnea was also not granted service connection. The decision is based on the lack of evidence linking these conditions to service or a service-connected condition.

The Veteran's lumbosacral spine strain with degenerative changes and L5-S1 disc protrusion is rated at 20 percent since July 14, 2017.

The Veteran's lumbosacral strain with herniated discs at L4-5 and L5-S1 resulted in moderate limitation of motion, which was granted a 40 percent disability rating effective February 23, 2015.

The Board found that the appellant was not a 'helpless child' at age 18 due to his ability to support himself through his own efforts, despite having some health conditions and disabilities.

The Board denied service connection for Traumatic Brain Injury, Hypertension, and Sleep Apnea. The Veteran's claims were not reopened or new and material evidence was not submitted.

The Veteran's claim for service connection for tinea pedis of the bilateral feet has been granted. The remaining issues have not been fully adjudicated and are remanded.

The Board has determined that there is no evidence of a current right or left knee disability, and the Veteran's reported symptoms are not supported by medical records. Therefore, service connection for these disabilities cannot be granted.,Similarly, the Board finds insufficient evidence to support a finding of a current obstructive sleep apnea disability, as it was first diagnosed many years after discharge from military service. The claim is denied.,Regarding hypertension, the Veteran's blood pressure readings were consistently within normal limits throughout his service and for several years post-discharge. There is no evidence linking this condition to service or any presumptive exposure to herbicide agents. Therefore, service connection cannot be granted.,The Board also found insufficient evidence of a current vision disability in the record. The Veteran's reported symptoms are not supported by medical records. Service connection for this issue is denied.

The Veteran's hepatitis C has been undetectable on laboratory testing and he does not have current symptoms. He is therefore not entitled to a rating in excess of the currently assigned 10 percent for this condition.,Throughout the appeal period, the Veteran's sinusitis has not resulted in incapacitating episodes or more than six non-incapacitating episodes per year characterized by headaches, pain, and purulent discharge or crusting. Therefore, he is not entitled to a rating in excess of 10 percent for this condition.,The Veteran's degenerative disc disease of the lumbosacral spine has resulted in flexion limited to 90 degrees with a combined range of motion of 180 degrees and no objective evidence of muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour. He is therefore not entitled to a rating in excess of the currently assigned 10 percent for this condition.

The Veteran is seeking service connection for sleep apnea, which he contends was caused by his service-connected depressive disorder and migraine headaches. The Board has ordered a remand to obtain an addendum medical opinion addressing these claims.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to determine the current nature and severity of his right knee arthritis. A second VA examination will also be scheduled to determine the etiology of his obstructive sleep apnea.

The Board has remanded the case due to a lack of a current diagnosis of obstructive sleep apnea and requests that the Veteran provide additional medical records.

The Veteran seeks a TDIU based on his service-connected disabilities. The case is being remanded for further evaluation to determine if the Veteran's service-connected disabilities alone render him unemployable.

The Veteran's obstructive sleep apnea is related to his military service and the Board has granted service connection for this condition.

The Board has determined that the Veteran's headaches and obstructive sleep apnea are related to his service, with reasonable doubt resolved in favor of the Veteran. The appeal is granted.

The Board has determined that the VA examination is inadequate and remands the case for a new examination to determine if the Veteran's sleep apnea was incurred in or related to his active duty service. The examiner must address the Veteran's reports of symptoms during service, including insomnia, snoring, and gasping for air, as well as the February 2010 private treatment record.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need for a new VA examination and consideration of his lay statements regarding symptoms during service.

The Veteran's acquired psychiatric disability, sleep apnea, and cervical spine disability were not shown to be related to service. The Board found no medical nexus between the disabilities and service.