Sleep apnea Board decisions

The Board has reopened the Veteran's claims for service connection for obstructive sleep apnea, chronic fatigue syndrome, diabetes mellitus, and prostate cancer. The evidence is sufficient to establish that these conditions are related to his military service.

The Board has dismissed the Veteran's claim for chronic fatigue syndrome. The Veteran's sleep apnea is found to be incurred in service and granted.

The Veteran's service-connected low back disability is rated at 20 percent, and the issues regarding radiculopathy of both lower extremities, right knee replacement, and SMC based on housebound criteria are all granted.

The Board has remanded the case for further development and to consider whether new and material evidence has been received to reopen the claim of service connection for obstructive sleep apnea, which is currently secondary to a service-connected disability.

The Veteran's claim for service connection for sleep apnea, to include as secondary to his service-connected rhinitis and/or PTSD, is being remanded due to the need for additional development.

The Board denied the Veteran's claims for service connection for sleep apnea, hypertension, bilateral hearing loss, and a left foot disability other than hallux valgus. The Veteran's claim for PTSD was granted with an initial rating of 50 percent. The Veteran's claim for right ankle disability was granted with an initial rating of 10 percent.

The Board partially vacated its May 2017 decision, denying service connection for sleep apnea. The issues of service connection for major depressive disorder (secondary to service-connected right and left hand carpal tunnel syndrome), PTSD, and entitlement to a TDIU were held in abeyance for 90 days from the date of this decision.

The Veteran's obstructive sleep apnea was not incurred or aggravated during his military service, and the Board finds that it is less likely than not caused by or a result of his service-connected PTSD. The most probative evidence indicates that the Veteran developed OSA after leaving active duty.

The Board has determined that there is at least an approximate balance of positive and negative evidence regarding the Veteran's obstructive sleep apnea and left leg vascular disability, thus granting service connection for both conditions.

The Veteran's right and left knee disabilities are at least as likely as not etiologically related to his active service. The Board finds that the evidence for and against the claim is at least in equipoise, and therefore, entitlement to service connection for a bilateral knee disability is granted.

The Veteran's appeal has been withdrawn by his representative prior to the Board issuing a decision.

The Veteran's disability rating for lumbosacral strain was reduced from 40 percent to 10 percent effective February 1, 2012. The reduction is considered improper due to lack of consideration of the provisions of 38 C.F.R. § 3.344 and the VA examination report used did not reflect a material improvement in his condition.

The Veteran's claim for service connection for his back injury (degenerative disc disease of the lumbosacral spine) is being remanded due to a lack of recent VA treatment records and private treatment records should be obtained. The case will then be readjudicated.

The Veteran's service connection claims for bilateral pes planus, bilateral plantar fasciitis, and tooth and gum disability have been withdrawn. The Board has granted service connection for obstructive sleep apnea with fatigue, but the issue of entitlement to service connection for headaches remains pending.

The Veteran's diabetes mellitus did not manifest until many years after service and is not related to an incident or event of service origin. The Board finds that the preponderance of the evidence reflects the Veteran's diabetes mellitus did not have onset in service and is not related to any incident of service origin.

The Board has reopened the Veteran's claims for service connection for a low back condition and reflex sympathetic dystrophy, as new and material evidence was submitted. The claims are now pending before the Board.

The Veteran's headaches and obstructive sleep apnea are found to have their onset during active duty service, warranting service connection for these conditions.

The Veteran's appeal was denied for various service connection claims, including those related to psychiatric disorders, hearing loss, arthritis, and dental conditions. The Board also remanded several issues for further development.

The Board has determined that the Veteran's GERD and sleep apnea were not incurred in service, as there is no evidence of these conditions during his active duty. The claims are therefore denied.

The Board has granted service connection for arthritis of the lumbosacral spine based on a finding that the Veteran experienced continuous symptoms since service separation, which meets the criteria for presumptive service connection under VA regulations.