Sleep apnea Board decisions

The Board has remanded the case to obtain additional records and treatment information from the Veteran, as well as arrange for a spine examination. The claim will be reconsidered based on the new evidence.

The Veteran's lumbar spine disability was rated as noncompensable prior to August 23, 2011. The VA examiner found that the Veteran had forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees, which meets the criteria for a 10 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has remanded the Veteran's claim for service connection for chronic fatigue syndrome and obstructive sleep apnea due to incomplete development of the record, including obtaining additional VA and private treatment records.

The Board has remanded the case for additional development, including obtaining a VA examination and locating any 2011 sleep study conducted at Tinker Air Force Base. The appeal is pending further appellate review.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a VA examination to assess the nature and etiology of any current sleep apnea.

The Board found that the Veteran's current sleep apnea is not related to his service or any training period, and thus denied his claim for service connection.

The Board found that the Veteran's sleep apnea was not incurred or aggravated during his periods of active service, including Reserve service. The November 2010 VA examiner concluded that the condition existed prior to and was not aggravated by his periods of active duty from April 2002 to November 2002 and January 2005 to March 2006.

The Board has granted a TDIU for the period from March 13, 2009, to December 4, 2012. The Veteran's claims for service connection for hypertension, diverticulitis, and large kidney mass are remanded due to procedural issues.

The Veteran's obstructive sleep apnea is found to be aggravated by his service-connected diabetes mellitus, and thus granted as secondary.

The Board denied service connection for sleep apnea, insomnia, vestibulopathy or balance problems, peripheral neuropathy of the upper extremities, and vascular headaches as they were not incurred in or aggravated by active service.

The Board has remanded the case for a VA examination to determine if any diagnosed low back disabilities clearly and unmistakably existed prior to entry into active service, whether there was an increase in severity during service, and whether the Veteran's May 2009 civilian employment injury caused her current low back disorders.

The Veteran's appeal has been withdrawn by his representative, resulting in the dismissal of the case.

The Veteran's service connection claim for obstructive sleep apnea is granted, and the TDIU claim is remanded due to lack of a Statement of the Case.

The Veteran's appeal is being remanded for further development, including obtaining treatment records from Community Hospital and Dr. Kenneth Shaver.

The Board found that the Veteran's current diagnosed obstructive sleep apnea is not related to his period of service, including his in-service complaints of trouble sleeping. The VA examiner concluded that the Veteran's sleep apnea was less likely due to his period of service and more likely associated with post-service weight gain, age, and history of smoking.

The Veteran's claim for service connection is being remanded to obtain additional evidence, including Social Security Administration records.

The Board found that the Veteran's obstructive sleep apnea was not shown to have been incurred in or aggravated during her service, and is not shown to be due to or aggravated by her service-connected thyroid disability. Therefore, the claim for service connection for obstructive sleep apnea has been denied.

The Veteran is granted TDIU benefits effective July 7, 2008. The Board finds that it is not factually ascertainable that the Veteran's unemployability was due solely to service-connected disabilities during the one-year period preceding the date of claim for an increased rating.

The Board has determined that further development is needed for the Veteran's claims, including obtaining additional medical records and scheduling VA examinations to determine the etiology of his sleep apnea and knee disabilities.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during his active duty service from February 2003 to May 2003, and therefore grants service connection for this condition on a direct basis.