Sleep apnea Board decisions

The VA medical opinion found that the Veteran's obstructive sleep apnea is not related to her service-connected pulmonary sarcoidosis with inactive tuberculosis, and thus denied her claim for service connection.

The Veteran's claim for diabetes mellitus type II was denied as there is no evidence of the condition during his appeal period. The Board found that he did not meet the diagnostic criteria for diabetes at any point, and therefore service connection cannot be established.

The Veteran's appeal is being remanded due to the need for additional medical opinions and development of records. The issues include service connection claims for bilateral hearing loss, tinnitus, hypertension, chronic sinusitis, and sleep apnea.

The Veteran's appeal has been withdrawn. The Board does not have jurisdiction to consider the increased rating claim for hypertension with headaches as the Veteran withdrew his appeal in November 2015.

The appellant is at least as likely as not in need of aid and attendance based on physical incapacity, which requires care or assistance on a regular basis to protect the claimant from hazards or dangers incident to her daily environment. The Board finds that she needs regular aid and assistance due to medical conditions such as dizziness, imbalance, angina, fatigue, dyspnea, pain, numbness, and falls.

The Board found that the appellant does not have a chronic disability manifested by fatigue, to include as due to an undiagnosed illness or a medically unexplained chronic multisymptom illness such as chronic fatigue syndrome. His symptoms of fatigue are manifestations of his service-connected major depressive disorder for which he is already compensated. The appellant's sleep apnea did not manifest during a period of active service and is not otherwise causally related to his active service or any incident therein.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected allergic rhinitis.

The Veteran's appeal is being remanded due to the need for a videoconference hearing. The issues of increased ratings and service connection are not addressed as this matter has been returned to the AOJ.

The Veteran's appeal is being remanded for further development, including obtaining VA and Social Security Administration records, as well as a new VA examination to assess the current severity of his lumbar spine disability. The TDIU claim will also be addressed.

The Board has remanded the case for additional development, including obtaining medical records and providing an adequate VA examination to address the etiology of the Veteran's sleep apnea.

The Board has remanded the case due to incomplete development and requires a VA examination by a physician to determine if sleep apnea is related to service, service-connected anxiety with PTSD features, or increased in severity beyond its natural progression.

The Veteran's pseudofolliculitis barbae, sleep apnea (as secondary to an acquired psychiatric disorder), bilateral hearing loss, and acquired psychiatric disorder were all granted service connection. The Veteran was assigned a noncompensable disability rating for his bilateral hearing loss and is entitled to an initial schedular rating of 30 percent for his acquired psychiatric disorder.

The Board has determined that the Veteran's obstructive sleep apnea and erectile dysfunction are related to his service-connected posttraumatic stress disorder (PTSD), and thus grants service connection for these conditions.

The Veteran's service connection claims for bilateral knee and ankle disabilities are denied as there is no evidence of any clinically ascertainable knee or ankle disability at the time of his separation from service.,The Veteran's claim for an initial rating in excess of 50 percent for sleep apnea is denied. The Veteran has a CPAP machine, but does not have respiratory failure with cor pulmonale requiring a tracheostomy.

The Board found that the Veteran's obstructive sleep apnea was not incurred in or aggravated during service and is not related to a service-connected disability. The claim for service connection was denied.

The Veteran's PTSD is currently rated at 10 percent and the RO has granted service connection for this condition. The Veteran also received a higher rating of 50 percent for his PTSD from August 26, 2015.

The Veteran's claim for service connection for sleep apnea, to include as due to an undiagnosed illness or as secondary to service-connected fatigue or fibromyalgia, is being remanded for further development.

The Veteran's sleep apnea, diabetes mellitus, and hypertension are found to be aggravated by his service-connected orthopedic disabilities. He is granted increased ratings for these conditions.

The Veteran's service connection for thoracolumbar strain was granted with a 10% rating from April 1, 2003 to August 12, 2008. From August 13, 2008 onwards, the claim for an increased evaluation was denied.

The Veteran's claim for service connection for a sleep disorder, to include obstructive sleep apnea, is denied as there is no competent medical evidence showing a relationship between any sleep disorder and active service. The Veteran's symptoms related to sleep disturbances are separately attributed to his service-connected psychiatric disability. His right ear hearing loss has been rated based on the level of impairment in acuity. The Veteran's status post decompression fasciotomy of the anteriolateral compartments of both calves have been rated based on their respective muscle groups, with separate ratings for Muscle Groups XI and XII. The Veteran's chronic tension headaches are not manifested by very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.