Sleep apnea Board decisions

The Veteran's claim for an earlier effective date for a 60 percent disability rating for his service-connected lumbosacral spine disability was denied as the earliest possible effective date has already been granted, which is July 22, 1999.

The Board has remanded the case due to inadequate medical opinion regarding whether the Veteran's sleep apnea was caused or aggravated by his service-connected disabilities. The AOJ is instructed to obtain an addendum opinion from a different examiner and ensure that it addresses any medical literature supporting causation of sleep apnea by hypertension, kidney disease, and/or diabetes mellitus.

The Veteran's claim for service connection for depression secondary to a service-connected condition was granted. However, his claim for service connection for erectile dysfunction secondary to a service-connected condition was denied.

The Veteran's combined disability rating is 80%, meeting the schedular requirements for TDIU due to service-connected disabilities. However, he is currently employed in a stable IT job and has successfully completed his associate's degree, indicating that his service-connected conditions do not render him unable to secure or follow substantially gainful employment.

The Veteran's appeal is being remanded to obtain additional medical records, conduct necessary examinations, and issue a statement of the case for certain service connection claims.

The Board found that the Veteran's sleep apnea and skin condition are not related to his service, with the exception of actinic keratosis which is presumed due to herbicide exposure. The claim for sleep apnea was denied as there was no evidence linking it to service. The claim for a skin disability was also denied.

The Veteran's lumbar spine disability is currently rated at 20 percent, and separate ratings of 10 percent each are granted for radiculopathy in the right and left lower extremities.

The Veteran's claim for an increased rating for lumbosacral strain is being remanded due to the need for additional development, including new VA examinations and consideration of other issues.

The Board has granted service connection for obstructive sleep apnea and determined that it is proximately due to a service-connected thoracolumbar spine disability. The Veteran's claims for bilateral hearing loss, right ear disability, right knee disability, left knee disability, and bilateral hip disability are still pending.

The Board has remanded the case for further development, including obtaining an addendum opinion from a VA examiner regarding the etiology of the Veteran's erectile dysfunction and whether it is proximately due to or aggravated by his service-connected lumbar spine degenerative arthritis.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions and scheduling VA examinations to address the nature and likely etiology of his claimed conditions.

The Veteran's sleep apnea is found to be etiologically related to service, and the claim for service connection is granted.

The Board has remanded the case for further development, including a VA examination and an opinion regarding the nature and etiology of the Veteran's sleep apnea disability, as well as whether it is related to service-connected PTSD.

The Board found that the Veteran's current sleep apnea did not have its onset during his military service and is not related to any in-service event or condition. The VA examiner opined that the Veteran's symptoms, including snoring and fatigue, were more likely influenced by historical belief rather than direct observations.

The Board has determined that the Veteran's current sleep apnea was not incurred in active service, and therefore denied his claim for service connection.

The Veteran withdrew his appeal for an increased rating for his lumbosacral spine disability in excess of 20 percent from July 1, 2010 to March 10, 2016 and in excess of 40 percent from March 11, 2016.

The Board has determined that the Veteran's obstructive sleep apnea did not clearly and unmistakably exist prior to his period of active duty, but it was not caused by or aggravated by service. The Veteran's chronic fatigue syndrome claim is denied as there is no medical evidence linking this condition to service.

The Board has ordered a remand due to the need for additional development and examination, including an opinion on whether the Veteran's sleep apnea is related to his service-connected PTSD.

The Veteran's combined service-connected disability rating is 60 percent, and he is unable to obtain and maintain substantially gainful employment due to his service-connected disabilities. The Board finds that the criteria for TDIU are met.

The Board has determined that the Veteran's obstructive sleep apnea is not service-connected, either as a direct result of his military service or as secondary to his PTSD. The Veteran's gastrointestinal disability (GERD) was also denied on appeal.