Sleep apnea Board decisions

The Veteran's claims for service connection for obstructive sleep apnea and a psychiatric disorder, to include posttraumatic stress disorder, are being remanded due to the need for additional medical examinations.

The Veteran's appeal has been withdrawn by his representative before the Board could issue a decision.

The Board has determined that the Veteran's current sleep apnea was not manifested during his active service and is not shown to be causally or etiologically related to his active service. The Board also found no evidence of a nexus between the Veteran's service-connected PTSD and his sleep apnea.

The Veteran has withdrawn his appeal for service connection of sleep apnea. The Board dismisses the claim as a result.

The Board has determined that the effective date for service connection of PTSD should be March 16, 2010, based on a diagnosis of PTSD in that month. The issues of entitlement to service connection for obstructive sleep apnea and deep vein thrombosis are remanded for additional development.

The Veteran's claims for sleep apnea and asbestos-related respiratory condition are inextricably intertwined with his hearing loss and tinnitus. The Board has therefore remanded these issues to obtain additional medical opinions and development.

The Veteran's sleep apnea, skin condition (including actinic keratosis, seborrheic keratosis, and basal cell carcinoma), and cervical spine disability are all found to be related to his service.,There is no indication of any presumptive conditions or exposure basis for these conditions.

The Board has denied the Veteran's claim for a rating in excess of 40 percent for his service-connected lumbosacral strain with herniated disc T11 - T12.,The issue of whether new and material evidence has been received to reopen the right knee disability claim is granted.

The Veteran has withdrawn their appeals regarding the issues of service connection for a cervical spine disability, including as secondary to service-connected lumbosacral spine and right leg disabilities, and an increased disability rating in excess of 40 percent for scoliosis of the lumbosacral spine with strain.

The Board denied service connection for fatigue and sleep apnea, finding no evidence of a diagnosed disability at any time during the appeal period.

The case is being remanded for further examination and clarification of the Veteran's service-connected low back disability, including any associated neurological impairment.

The Board has reopened the Veteran's claim of service connection for a sleep disability, to include sleep apnea, secondary to his service-connected PTSD. The evidence submitted since the last final denial shows that there is new and material evidence to support the reopening of this claim.

The Board found that the reductions in ratings for Degenerative Joint Disease (DJD) of the lumbosacral spine, Sciatica associated with the lumbar spine disability, and Umbilical hernia were improper due to the RO's failure to properly apply procedural safeguards. The Veteran was not given an opportunity to present additional evidence or request a hearing before the reduction in ratings took effect.

The Board found that the appellant's respiratory disability, including sleep apnea and pulmonary nodules, did not manifest in service or for many years thereafter. The evidence does not establish a nexus between his current respiratory disorder and his active service or any incident therein, to include presumed exposure to herbicides.

The Veteran's sleep apnea is found to have first manifested in active service and has been recurrent since, warranting service connection.

The Veteran's claim for service connection for his acquired psychiatric disorders, including PTSD and adjustment disorder with depressed mood, is being remanded due to the need for additional medical examination and consideration of new evidence.

The Board has determined that the Veteran's sleep apnea and bilateral hearing loss are not related to his military service or a service-connected disability, leading to denial of both claims.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not meet the criteria for higher disability ratings in several areas, including hearing loss, lumbosacral strain, psychiatric disability, hypertension, epicondylitis of the left elbow, and bilateral plantar fasciitis.

The Board has reopened the Veteran's claim for service connection due to new and material evidence, but finds that there is no competent medical evidence linking his rhabdomyosarcoma of the right lower extremity to his military service or any in-service exposures. As a result, the claim for service connection remains denied.

The Veteran's current sleep apnea had its onset in active military service, and the Board finds that it is at least as likely as not related to his service. Therefore, the claim for service connection for sleep apnea is granted.