Sleep apnea Board decisions

The Board has determined that additional development is needed to determine if the Veteran's sleep apnea is related to his military service. The case will be returned to the AOJ for this purpose.

The Veteran's appeal is being remanded due to the need for additional examinations and evaluations of his service-connected disabilities, specifically his back disability and left ear hearing loss.

The Veteran's claim for an increased rating for lumbosacral strain was granted, and the effective date of this grant is set at March 7, 2012.

The Board has decided to remand the case for further development, including obtaining a VA examination and ensuring all relevant records are associated with the claims file.

The Board has remanded the case due to inadequate medical opinions regarding whether the Veteran's right knee and low back disabilities were aggravated by his service-connected left knee disorder.

The Board finds that the Veteran's obstructive sleep apnea is not directly related to his active service or secondary to his service-connected PTSD, and therefore denies service connection for this condition.

The Veteran's appeal is granted, with service connection for obstructive sleep apnea established and increased ratings for PTSD, asthma, right shoulder rotator cuff tear residuals, right lower extremity peripheral neuropathy, left lower extremity peripheral neuropathy, cerebrovascular accident (CVA) residuals, seborrheic dermatitis, and hypertension. The Veteran is also granted TDIU as of August 28, 2009.

The Veteran's service-connected conditions do not prevent her from securing and following substantially gainful employment.

The Board has ordered a remand due to the need for further development and clarification of the VA sleep apnea examination report. The Veteran's service connection claim will be reconsidered based on the additional evidence.

The Board has determined that the Veteran does not have a current diagnosis of PTSD and therefore cannot establish service connection for an acquired psychiatric disorder. The acquired psychiatric disorders, including polysubstance abuse and unspecified depressive disorder, are found to be less likely related to service-connected disabilities.

The Veteran's diabetes mellitus was not caused by or made worse by any service-connected conditions, and thus cannot be granted as secondary to a service-connected condition.,Sleep apnea is not shown during service and the onset of sleep problems leading to diagnosis occurred after discharge. Therefore, it cannot be linked to service.

The Veteran seeks an increased evaluation for a lumbosacral strain with degenerative changes, currently rated as 10 percent disabling from October 2, 2007 to June 17, 2014, and as 20 percent thereafter. The case is being remanded due to inadequate VA examination opinions regarding additional functional loss due to flare-ups.

The Veteran's service-connected disabilities did not prevent him from obtaining and maintaining substantially gainful employment prior to May 1, 2013.

The Veteran's sleep apnea was not incurred in service and is not proximately due to or aggravated by his service-connected hypertension. The Board denied the claim for service connection.

The Veteran's claim for a higher evaluation for his service-connected back disability has been denied as the evidence does not show unfavorable ankylosis of the entire thoracolumbar spine.

The Veteran's right knee strain and obstructive sleep apnea have resulted in a combined rating of 60%, which does not meet the schedular criteria for TDIU. However, due to significant functional limitations caused by his service-connected disabilities, including right knee, cervical spine, left foot, and right foot conditions, he may be eligible for extraschedular TDIU.

The Board has determined that the Veteran's obstructive sleep apnea was not incurred during her military service and is not related to any in-service event, injury or illness. The VA examiner concluded that the Veteran's OSA is less likely than not caused by her military service.

The Board has ordered a new VA examination to determine if the Veteran's obstructive sleep apnea-hypopnea syndrome is related to service or his service-connected PTSD. The case will be remanded for further development and readjudication.

The Board has granted the Veteran's claim of entitlement to service connection for sleep apnea, finding that the evidence is in relative equipoise as to whether his condition had its onset during service. The heart condition issue and hearing loss rating are remanded for further development.

The Board has reopened the Veteran's claim of service connection for PTSD and granted service connection for an acquired psychiatric disorder, including PTSD. The right arm condition is not related to his military service.