Sleep apnea Board decisions

The Veteran's sleep apnea is found to be etiologically related or aggravated by his service-connected diabetes mellitus, and the Board grants service connection for this condition.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's current obstructive sleep apnea had its onset during service. The issue of service connection for hypertension remains pending and requires additional clarification/new opinion from a VA examiner.

The Board has remanded the case for additional development, including a VA examination to determine if the Veteran's sleep apnea is directly related to service or caused by his service-connected PTSD. The claim will be reconsidered after this additional development.

The Veteran has withdrawn his appeals for service connection for sleep apnea, right foot disability, left foot disability, bilateral toe disability, and cellulitis.

The Board found that the Veteran's current diagnosis of sleep apnea was not related to his service and denied his claim for service connection.

The Veteran's claim for an annual clothing allowance was denied due to the VA Medical Center (MC) in Decatur, Georgia. The denial stated that his braces did not cause wear or tear on his clothes. However, the Veteran provided evidence showing he used braces and claimed they caused damage to his clothes. The Board has ordered a remand to conduct further examination and review of the claim.

The Veteran's sleep apnea has not been shown to be related to his service-connected disabilities, and the Board finds that he is not entitled to service connection for this condition. The TDIU claim will be remanded as it is inextricably intertwined with the issue of service connection.

The Veteran's lumbar spine disability was rated at 30 percent from November 2005 through February 19, 2009. Since then, the rating has been increased to 40 percent for his left lower extremity radiculopathy.

The Veteran's service-connected lumbosacral strain with degenerative arthritis does not meet the criteria for a higher rating than 20 percent.

The Veteran withdrew his appeal before the Board could make a decision.

The Board found no evidence of sleep apnea or hypertension in service, and the VA examiners concluded that these conditions did not develop during service.,VA examiners also determined that there was insufficient evidence to link either condition to diabetes mellitus.

The Board denied service connection for hypertension, sleep apnea, and residuals of a left ring finger nerve injury as there was no evidence of an in-service event, injury, or disease related to these conditions.

The Veteran's appeal for increased evaluations for his service-connected lumbosacral strain and post herpetic neuralgia has been dismissed as he is satisfied with the current evaluations assigned.

The Board has granted service connection for insomnia (to include sleep apnea) and found that the Veteran's tension headaches warrant a rating of 30 percent. The issue of entitlement to a higher rating for right knee strain is dismissed due to withdrawal by the Veteran.

The Board has determined that the Veteran does not meet the criteria for an evaluation of 10 percent or higher for his hypertension. For the other claims, the evidence does not support a finding that any of the claimed conditions were incurred in or aggravated by active service.

The Board has determined that the Veteran's tinnitus disability had its onset during service and is therefore granted. The Veteran's hypertension does not meet the criteria for a compensable rating.

The Board finds that the Veteran's current low back disability did not manifest during service or within one year of separation, and is not otherwise related to his active service. The evidence does not support a finding that it was caused by or permanently worsened by his service-connected right and left knee disabilities.

The Board has decided to remand the case for additional development, including obtaining updated VA treatment records and scheduling a new examination. The Veteran's service connection claim will be reconsidered based on the evidence provided.

The Board finds that the Veteran's current obstructive sleep apnea is not related to service, including as secondary to his service-connected diabetes mellitus type 2. The evidence does not support a finding of direct service connection due to lack of in-service diagnosis or symptoms.

The Board has determined that further development is necessary to determine the nature and etiology of the Veteran's sleep apnea, including whether it is related to asbestos or explosive remnant exposure during service.