Sleep apnea Board decisions

The Board has remanded the claims of entitlement to service connection for sleep apnea and chronic obstructive pulmonary disease due to a lack of VA examinations, and the Veteran's competency in handling disbursement of funds.

The Board has denied the Veteran's claims for service connection for tinnitus, obstructive sleep apnea, hypertension, gastroesophageal reflux disease (GERD), restless leg syndrome, and an acquired psychiatric disorder. The reasons are provided in the decision.

The Veteran's claim for an initial rating in excess of 30 percent for acne rosacea was denied by the Board. The evidence did not show more than 40 percent of his entire body or exposed areas affected, nor constant systemic therapy required.

The Veteran's appeal is being remanded for additional development, including a new VA examination of his lumbar spine disability and proper development of the TDIU claim.

The Veteran's service-connected conditions have been rated appropriately, with the exception of his persistent adjustment disorder which has resulted in a TDIU and SMC at the housebound rate.

The Board found that the reduction in rating for bilateral hearing loss from 20 percent to 10 percent was not proper due to a lack of improvement in the Veteran's ability to function under ordinary conditions. The appeal is denied.

The Veteran's claims for service connection for memory loss, dizziness and/or balance problems, neuropathy of the face (trigeminal neuralgia), chronic pain, and sleep disorder have been denied as there is no evidence linking these conditions to his military service.

The Board found that the Veteran's low back disability clearly and unmistakably existed prior to service, and was not permanently aggravated during service.

The Veteran's obstructive sleep apnea is found to have had its onset during his active duty service and has been recurrent since then, warranting service connection.

The Board has determined that the Veteran's service-connected conditions do not warrant an increased rating or any other favorable determination.

The Veteran's service-connected lumbosacral strain is currently rated at 40 percent, which is the maximum schedular rating available for limitation of motion without ankylosis. The Board finds that his symptoms do not warrant a higher evaluation as there is no evidence of unfavorable ankylosis or intervertebral disc syndrome requiring bed rest.

The Board has remanded the case for additional development, including obtaining a VA examination and updating treatment records. The Veteran's lay statements of in-service symptoms are to be considered along with medical evidence.

The Veteran's service-connected disabilities did not render him unemployable prior to September 8, 2011. The Board finds that the evidence does not show he was incapable of securing and following a substantially gainful occupation due to his service-connected conditions.

The Veteran's service-connected disabilities do not meet the criteria for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment, or for adaptive equipment only.

The Board denied the Veteran's claim of service connection for a respiratory disability, including upper respiratory infection, mycobacterium avium-intracellular infection, sleep apnea, COPD, and pneumonia. The evidence did not support a finding that these conditions were related to service or any incident during service.

The Board has determined that the Veteran's sleep apnea is not related to his military service and therefore denied his claim for service connection.

The Board has remanded the case for a VA addendum opinion to address whether the Veteran's back disorder is related to service, including in-service injuries and symptoms. The claim will be readjudicated based on this new information.

The Board finds that the Veteran's sleep apnea was incurred during service, as evidenced by his in-service reports of difficulty sleeping and feeling tired after sleeping. The Board also considers credible the statement from a fellow servicemember who observed the Veteran having noisy sleep and appearing to have breathing problems.

The Board has remanded the case due to missing records and incomplete development. The Veteran's claim for service connection for sleep apnea, as secondary to PTSD, is pending.

The Board has determined that the Veteran's service-connected bipolar disorder probably contributed to his development of obesity, which very likely led to his obstructive sleep apnea. Therefore, the claim for service connection for obstructive sleep apnea is granted.