Sleep apnea Board decisions

The Veteran's service-connected PTSD does not cause the need for regular aid and attendance of another person, thus denying entitlement to SMC based on the need for aid and attendance.

The Veteran's diabetes mellitus, Type I, is rated at 60 percent disabling. The Board also granted a TDIU rating due to the combined effect of his service-connected disabilities.

The Veteran's appeals have been withdrawn prior to the Board issuing a decision.

The Veteran's claims for increased ratings and service connection have been denied. The claim to reopen his obstructive sleep apnea was granted, but the underlying claim remains pending.

The Board has remanded the case due to outstanding VA and private medical records not being obtained. The Veteran is advised to provide information about any relevant treatment received from outside VA.

The Board has remanded the case due to insufficient opinion regarding whether the Veteran's sleep apnea is caused or aggravated by his service-connected depression and/or medication.

The Veteran's claims for hypertension, bilateral hearing loss, tinnitus, and obstructive sleep apnea are being remanded due to the need for additional examinations.

The Board found that the Veteran's obstructive sleep apnea did not manifest during service and is not attributable to service. The kidney failure was found to be secondary to Henoch-Schönlein purpura, which may have had its origin in service due to exposure to hazardous materials.

The Board denied service connection for lumbosacral strain, left ankle/foot strain, and bilateral pes planus. Service connection was granted for low back disability (DDD with stenosis and dextroscoliosis), numbness in the left leg and foot, residuals of injury to the right leg, including hip, ankle, and foot, and residuals of injury to the left wrist, hand, and fingers.

The Veteran's service-connected chronic lumbosacral strain was found to be noncompensably disabling prior to December 3, 2015 and rated as 10 percent disabling since that date. The Board determined the current level of disability does not warrant a higher rating.

The Veteran's appeal for increased ratings for bilateral hearing loss and service connection for sleep apnea syndrome has been withdrawn by the Veteran's representative.

The Board has remanded the case for additional development to address the bases of the Court's Memorandum Decision, including obtaining an addendum opinion from a VA examiner regarding whether the Veteran's obstructive sleep apnea was caused or aggravated by his service-connected sinusitis and/or lithium treatments.

The Veteran's claims for increased ratings for his lumbosacral spine disability and right lower extremity radiculopathy are being remanded due to the need for additional development, including a new VA examination.

The Board has determined that the Veteran's hypertension is caused by his service-connected type II diabetes mellitus, sleep apnea, and posttraumatic stress disorder (PTSD), and therefore grants service connection for hypertension.

The Board has remanded the case for further development, including obtaining updated VA treatment records and providing a VA examination to determine the nature and etiology of the Veteran's current sleep apnea and bilateral foot disability.

The Veteran's claim for a higher rating for lumbosacral strain with arthritis and lumbar laminectomy is denied as his disability does not meet the criteria for a rating in excess of 20 percent.

The Veteran's sleep apnea was not caused or aggravated by his service-connected sinusitis with a deviated nasal septum, and the Board finds that direct service connection is not warranted.

The Veteran's service-connected obstructive sleep apnea with asthma and bilateral restless leg syndrome was manifested by use of a CPAP machine, daily medication for asthma, and pulmonary function test values no lower than pre-bronchodilator FVC of 86 percent; FEV-1 of 73 percent; and FEV-1/FVC of 66 percent. The disability did not result in chronic respiratory failure with carbon dioxide retention or cor pulmonale, required tracheotomy, FEV-1 or FEV-1/FVC less than 55 percent, at least monthly visits to a physician for required care of exacerbations, intermittent (at least three times per year) courses of systemic (oral or parenteral) corticosteroids, or more than one asthma attack per week with episodes of respiratory failure.

The Board has determined that the Veteran does not meet the criteria for service connection for any of his claimed conditions, as there is no clear and unmistakable evidence to rebut the presumption of soundness at entry into service or a pre-existing condition was aggravated by service. The diagnoses are found to be less likely related to service.

The Veteran's current sleep apnea is established as a current disability, and the Board finds that additional development is needed to determine if it is related to his service. The case is therefore being remanded for further examination.