Sleep apnea Board decisions

The Veteran's appeal is being remanded for additional development, including obtaining VA medical opinions regarding his sleep apnea and seizure disorder claims.

The Veteran's TDIU claim has been denied as his service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment.

The Veteran's lumbosacral spondylosis was not manifested by flexion less than 60 degrees or combined range of motion less than 120 degrees from May 13, 2011. The appeal is denied as the criteria for a higher rating are not met.

The Veteran's sleep apnea and narcolepsy are not service-connected as there is no evidence of a nexus between the conditions and active service.

The Board finds that the evidence is in relative equipoise as to whether the Veteran's service-connected disabilities render him unable to obtain and maintain substantially gainful employment. As such, entitlement to a TDIU is granted.

The Veteran's service-connected disabilities do not preclude him from obtaining and maintaining substantially gainful employment.

The Board found that the Veteran's back and neck disabilities were not incurred in or aggravated by service, as there was no evidence of such during his active duty. The diagnoses provided are from private physicians and do not establish a direct link to service.

The Board has determined that the Veteran's claims for increased ratings for his herniated lumbosacral spine condition, cervical spine arthritis, and left shoulder arthritis have been denied as there is no evidence of ankylosis or incapacitating episodes meeting the criteria for higher ratings under the applicable rating schedule.

The Board has denied the Veteran's claims for service connection for sinusitis, bronchitis, asthma, sleep apnea, and loss of smell due to in-service secondhand smoke exposure. The Board found that there is no evidence of chronic conditions related to these disorders during or within one year after service.

The Veteran's appeal is being remanded due to the need for a new VA examination and consideration of his TDIU claim.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) is attributable to service and grants service connection for OSA.

The Board has determined that the Veteran's obstructive sleep apnea was not incurred during service and is not attributable to service.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, higher initial rating for PTSD and lumbosacral spine disability, as well as his claims for left knee and right knee disabilities. The appeal is not about service connection at all.

The Veteran's chronic sleep impairment is found to be secondary to his service-connected PTSD. The Board grants service connection for this condition.

The Veteran's service-connected disabilities, including degenerative disc disease of the lumbosacral spine and radiculopathies of both lower extremities, result from a common etiology. The Veteran is unable to maintain substantially gainful employment due to his service-connected disabilities.

The Board has reopened the claim of entitlement to service connection for sleep apnea, which was previously denied in August 2009. The Veteran's current diagnosis of sleep apnea is considered material evidence as it relates to an unestablished fact necessary to substantiate his claim. The appeal is granted to this extent only.

The Board has determined that further development is needed to determine if the appellant's sleep apnea was incurred during active service and to provide a medical opinion regarding this issue. The case will be returned for readjudication.

The Board has remanded the Veteran's claims due to the need for additional medical opinions regarding whether his hypertension and obstructive sleep apnea are related to service or a service-connected disability.

The Veteran's sleep apnea, hypertension, and right knee disorder were not shown to be related to service.,There is no evidence of a chronic condition in service or within one year after separation from service for any of the conditions.

The Board has determined that the Veteran's sleep apnea was not present during active service and is less likely related to any in-service injury, event or disease. The Board also found no evidence of aggravation by his service-connected conditions.