Sleep apnea decisions — 2019

The Board has determined that the Veteran's service in Vietnam during 1972 qualifies him for presumptive service connection for right leg angiosarcoma due to exposure to herbicide agents.

The Veteran's PTSD warrants a 50 percent disability rating, effective throughout the appeal period. The secondary service connection for sleep apnea is remanded.

The Board has remanded the claims for service connection and effective date determination due to insufficient evidence in some areas, particularly regarding the Veteran's claimed stressors and exposure as a firefighter. The Veteran is required to undergo VA examinations to address these issues.

The Board has determined that the Veteran's sleep apnea is related to his service-connected adjustment disorder with anxiety and tinnitus, granting service connection for this condition.

The Board has remanded the Veteran's claims for service connection for hypothyroidism and sleep apnea, as well as his rating for left hip strain and left knee disability. The claims are being returned to the agency of original jurisdiction (AOJ) for further development.

The Board has determined that the evidence is in equipoise, finding that the Veteran's obstructive sleep apnea may be related to his service-connected diabetes mellitus and depression. As a result, the claim for service connection for obstructive sleep apnea as secondary to these conditions is granted.

The Veteran's claims for service connection have been remanded due to the need for additional development and examination regarding his psychiatric, respiratory/pulmonary, and OSA conditions.

The Board has determined that the Veteran's right shoulder disorder and sleep disorder (including sleep apnea) need further examination and opinion to determine their etiology.

The Veteran's lumbosacral strain is rated at 20 percent prior to June 5, 2017 and at 40 percent from that date. The Veteran's piriformis syndrome of the right lower extremity was granted a 20 percent rating effective June 5, 2017.

The Veteran's service-connected PTSD is found to be the primary cause of his currently diagnosed obstructive sleep apnea. His tinnitus, bilateral hearing loss, and erectile dysfunction are all rated at their maximum schedular ratings. The seizure disorder claim has been remanded for further review.

The Veteran's claims for service connection for various conditions, including sleep apnea, bilateral hearing loss disability, an acquired psychiatric disability, a back disability, Crohn's disease, shin splints, restless leg syndrome, knee disabilities, and foot disabilities have all been denied. The evidence does not support the presence of current disabilities or a causal relationship to military service.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's sleep apnea is caused or aggravated by his service-connected GERD and/or PTSD.

The Veteran's appeal is remanded for additional examinations to assess the severity of his service-connected cervical and lumbosacral spine disabilities, as well as for the VA representative to be provided an opportunity to submit a statement regarding the appeal.

The Board denied service connection for sleep apnea, finding that the evidence did not support a link between the condition and service or service-connected conditions. The Veteran's claim for lumbar retrolisthesis and arthritis of the cervical spine was also remanded due to insufficient medical opinions.,For lumbar retrolisthesis and arthritis of the cervical spine, the Board found that there is no evidence of injury during service, leading to a denial of these claims.

The Board has granted service connection for sleep apnea, finding that the Veteran's long history of snoring and his spouse's report of him stopping breathing while sleeping during sleep are sufficient to establish a link between his current sleep apnea and service.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's sleep apnea, including whether it is related to his service-connected residuals of a deviated septum repair.

The Board has restored a 40 percent rating for lumbosacral strain with degenerative disc disease effective September 1, 2016, as the evidence did not show sustained improvement in Veteran's condition under ordinary conditions of life and work.

The Veteran's service-connected obstructive sleep disorder (also claimed as sleep apnea) is currently rated at 50 percent, but the Board found that it does not meet the criteria for a higher rating due to lack of respiratory failure or tracheostomy.

The Veteran's claims for increased ratings for lumbosacral strain with degenerative joint disease and right lower extremity radiculopathy are being remanded due to the need for additional examinations.

The Veteran's claim for an increased rating for his service-connected obstructed sleep apnea and exercise induced asthma is remanded due to the need for updated treatment records and VA examinations.