Sleep apnea Board decisions

The Veteran's appeal is being remanded due to the unavailability of a hearing officer who participated in his previous hearing. The case will be returned for further review.

The Board has determined that the evidence is in relative equipoise as to whether the Veteran's obstructive sleep apnea is related to his service-connected PTSD, and thus grants service connection for this condition on a secondary basis.

The Board has restored the previous disability ratings for the Veteran's right knee conditions, finding that his disabilities had not improved in a manner that enhanced his ability to function under ordinary conditions of life and work.

The Veteran's postgastrectomy syndrome has been productive of moderate impairment, including persistent recurrent epigastric distress and weight loss. His PTSD with depression and sleep impairment has resulted in occupational and social impairment commensurate with deficiencies in most areas, but not total impairment.

The Veteran's sleep apnea, headaches, and hypertension are found to be related to his service-connected PTSD. The claims for these conditions are therefore granted.

The Board has determined that the Veteran's sleep apnea had its onset during his active service and grants service connection for this condition.

The Board has remanded the case for further development, including obtaining VA treatment records and a supplemental opinion from an examiner regarding whether the Veteran's service-connected sinusitis caused or aggravated his sleep apnea.

The Board found that the Veteran's sleep apnea is not service-connected, as there was no evidence of symptoms during service and a significant gap between discharge and diagnosis. The examiner also noted that the Veteran did not report any difficulty sleeping on his separation examination or subsequent military examinations.

The Veteran's submucosal uterine fibroids have not resulted in symptoms that require continuous treatment, thus preventing a rating higher than 10 percent.,For the lumbar spine disability, prior to March 18, 2014, the evidence does not support a finding of forward flexion limited to 60 degrees or less, or combined range of motion greater than 120 degrees. On and after March 18, 2014, the Veteran's disability is manifested by limitation of motion but no ankylosis.

The Board has granted service connection for a deviated nasal septum, cervical spine disability, and obstructive sleep apnea. The Veteran's conditions are found to be related to his military service.

All issues related to service connection have been granted. The Veteran's cluster headaches are rated at 50% effective October 1, 2010.

The Board denied service connection for a sleep disorder and granted service connection for headaches. The Veteran's current sleep apnea was not incurred or aggravated in service, nor is it caused by any of his service-connected disabilities, including PTSD.

The Board is remanding the case for additional development, including obtaining sleep study records from 2006 and considering a July 2015 private sleep study as well as an article submitted by the Veteran's representative.

The Veteran's lumbosacral strain was not rated higher than 10 percent from December 3, 2012 to December 4, 2013.,Effective December 5, 2013, the Veteran's lumbosacral strain warranted a 20 percent rating.

The Board found that the Veteran's hepatitis B was not incurred during service and is not related to his military service. The remaining issues of service connection for knee meniscal tears, disc disease with chronic low back pain, sleep apnea, and shoulder rotator cuff tears were denied as well.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to address the issues of service connection for coronary artery disease, sleep apnea, and squamous cell carcinoma.

The Veteran's cervical spine disorder is not service-connected, and his lumbosacral strain with post-surgical laminectomy and total spinal fusion from L2 to S1 currently rated at 60 percent.

The Board has remanded the case for additional development and medical inquiry into the service connection claim for sleep apnea and the increased rating claim for left knee disability.

The Board has remanded the case for additional development due to concerns about credibility of the Veteran's statements regarding back pain and a need for clarification on the diagnosis of mechanical low back pain/lumbosacral strain.

The Veteran's cervical spondylosis and lumbar spine disability have been rated based on their service-connected nature. The Veteran is seeking higher initial evaluations for these conditions, but the current ratings of 20% for cervical spondylosis and 10% for the lumbar spine disability are maintained.