Sleep apnea Board decisions

The Board has determined that the Veteran's sleep apnea is as likely as not caused or aggravated by his service-connected PTSD, and thus grants service connection for sleep apnea secondary to PTSD.

The Veteran's squamous cell carcinoma of the buccal mucosa manifested more than one year after separation from service and is not shown to be causally or etiologically related to an in-service event, injury, or disease, including herbicide exposure. The Board finds that the preponderance of the evidence is against the claim for service connection.

The Board denied a higher disability rating for lumbosacral strain, finding that the Veteran's condition did not meet criteria for a higher rating based on symptoms such as pain and stiffness but without ankylosis or other severe functional impairment.

The Veteran's lumbosacral and cervical spine conditions, as well as his bilateral knee injuries with chondromalacia, are currently rated at the lowest possible initial disability ratings of 10 percent. The Board finds that these disabilities do not warrant a higher rating based on the evidence provided.

The Veteran's PTSD caused occupational and social impairment with reduced reliability and productivity from August 20, 2007 to January 25, 2011. From January 26, 2011, the criteria for a 70 percent schedular disability rating were met.

The Veteran's lumbar spine disability, with consideration of additional functional loss due to pain during flare-ups, more closely approximates forward flexion to less than 30 degrees. Incapacitating episodes of IVDS are not shown.

The Board found that the Veteran's degenerative disc disease of the lumbosacral spine did not have its clinical onset in service and was not caused or aggravated by a service-connected disability.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran seeks service connection for sleep apnea as secondary to his service-connected PTSD. The case is being remanded for further examination and opinion regarding the etiology of the Veteran's sleep apnea.

The Veteran's multiple non-service-connected disabilities, including hernias with progression to an intestinal fistula and arthritis of multiple joints, render her helpless or so nearly helpless that she requires the regular aid and attendance of another person for special monthly pension purposes.

The Veteran's claim for a clothing allowance in 2013 was denied as the items claimed did not qualify under VA regulations. The case is being remanded to obtain additional information from a VA examiner or designee of the Undersecretary for Health.

The Board has determined that the Veteran's obstructive sleep apnea is causally related to his service-connected PTSD and grants service connection for this condition. The other issues on appeal are remanded.

The Veteran's claims for increased ratings for her low back disability and left wrist CTS were denied by the Board, as there was no evidence of ankylosis or incapacitating episodes that would warrant higher ratings under the applicable rating criteria.

The Board has determined that the Veteran's sleep apnea is at least as likely as not caused by his service-connected neurologic disability due to solvent exposure, and thus grants service connection for this condition.

The Veteran's lumbosacral strain has been productive of painful motion, but does not meet the criteria for a higher rating as forward flexion is greater than 60 degrees and there is no evidence of ankylosis or incapacitating episodes.

The Board has determined that the Veteran's lumbar spine disability and traumatic brain injury residuals are related to service, granting service connection for these conditions.

The Board finds that the Veteran's chronic kidney disorder, currently diagnosed as renal failure, was incurred during a period of active duty for training (ACDUTRA) and is therefore service-connected.

The Board denied service connection for hypertension, heart palpitations, GERD with hiatal hernia, cervical spine disability, low back disability, nasal problems and left maxillary/ethmoid sinusitis, and sleep apnea. The claims were also dismissed as the appellant withdrew his appeal regarding heart palpitations.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the nature and etiology of his low back disability and sleep apnea. The TDIU claim is also inextricably intertwined with these issues.

The Veteran's claims for service connection for obstructive sleep apnea and atrial fibrillation are being remanded due to the need for additional development, including obtaining treatment records, providing notice of applicable law, and scheduling an examination.