Sleep apnea Board decisions

The Veteran's obstructive sleep apnea with asthma was granted a higher initial rating of 50 percent effective February 14, 2008.

The Veteran's claim for service connection for chronic obstructive sleep apnea, to include as secondary to his service-connected hypertension, is being remanded due to the need for a VA examination to address the etiology of his sleep apnea and whether it is aggravated by his service-connected hypertension.

The Board has determined that the Veteran's sleep apnea did not manifest during service or for many years thereafter, and is not otherwise related to disease, injury or other event in active service. Therefore, the claim for service connection for sleep apnea is denied.

The Veteran's sleep apnea is found to have originated during his military service and granted service connection. The acquired psychiatric disorder (adjustment disorder with mixed anxiety and depressed mood) is also found to be related to service, but the exact nature of the relationship needs further clarification. Service connection for a bilateral knee condition is denied due to lack of evidence showing aggravation or onset in service.

The Veteran seeks service connection for obstructive sleep apnea, which was formally diagnosed following a January 2009 sleep study. The appeal is currently remanded to obtain additional medical opinions and determine the etiology of his sleep apnea.

The Board finds that the Veteran's sleep disability is etiologically related to his service-connected bilateral lower extremity disability (bilateral shin splints), and grants service connection for a sleep disability.

The Board found that the evidence does not support a finding of service connection for obstructive sleep apnea, as it is less likely than not related to service or caused by his service-connected psychiatric disorder (PTSD).

The Veteran's claim for service connection for a sleep disability, including sleep apnea as secondary to PTSD or exposure to Agent Orange, was denied. The Board also found that the Veteran did not meet the criteria for an increased rating for headaches and PTSD, but granted TDIU based on his service-connected disabilities.

The Veteran's asbestosis has been granted service connection based on in-service asbestos exposure. The Board also found that the Veteran's current diagnoses of emphysema, chronic obstructive pulmonary disease (COPD), and sleep apnea are related to his service-connected asbestosis.

The Board found that the Veteran's diabetes mellitus type II and obstructive sleep apnea were not incurred or aggravated during service, nor are they related to a service-connected disability. The appeals for these conditions have been denied.

The Veteran's lumbosacral spine disability is currently rated at 20 percent, effective from the date of the claim. The rating reflects limitation of motion with forward flexion to 40 degrees and no evidence of ankylosis or favorable ankylosis.

The Board found no evidence of sleep apnea during or in proximity to the appeal period and denied the Veteran's claim for service connection.

The Veteran's lumbosacral strain has been rated at 40 percent since April 18, 2007. The rating is based on the limitation of motion and associated symptoms such as pain, weakness, and guarding.

The Veteran's appeal primarily concerns ratings for various service-connected disabilities, including PTSD, GERD, neck and low back disabilities, radiculopathies, acne scarring, circumcision residuals, and chicken pox. The Board has determined that the Veteran is entitled to increased ratings in some cases but not others.

The Veteran meets the schedular requirements for TDIU from February 9, 2004; his service-connected disabilities rendered him unemployable.

The Veteran's sleep apnea is found to be causally related to his active service. The Veteran has withdrawn his appeal regarding the issue of entitlement to service connection for tinnitus.

The Board has determined that the Veteran's sleep apnea did not manifest in service and is not otherwise related to service. Therefore, the claim for service connection for sleep apnea is denied.

The Veteran's sleep apnea is granted as accrued benefits, and his PTSD remains at a 50% rating for accrued benefits purposes.

The Board has granted service connection for left lower extremity radiculopathy secondary to lumbosacral strain and assigned a 10 percent rating effective May 21, 2015. The Veteran's claim for an earlier effective date is also granted.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that new and material evidence had been submitted to reopen her claim. However, the Board determined that there was no in-service onset of sleep apnea and no nexus between her current disability and service.