Sleep apnea Board decisions

The Board has remanded the increased rating and TDIU issues on appeal for additional development. The Veteran's left knee disability to include DJD, as well as his lumbosacral spine DDD, are still under consideration.

The Board has determined that the Veteran does not have a current diagnosis of sleep apnea, headache disorder, or an acquired psychiatric disorder. The service treatment records do not show any complaints or diagnoses related to these conditions during active duty. The medical evidence shows that the Veteran was diagnosed with sleep apnea in 2012 and no nexus has been established between her current conditions and service.

The Board found that the Veteran's claimed lumbosacral spine disorder, right knee disorder, and bilateral leg disorders are not related to his service. The preponderance of evidence does not support a finding in favor of service connection for these conditions.

The Veteran's service-connected disabilities are found to be of such severity so as to preclude substantially gainful employment, warranting a TDIU.

The Veteran's claim for special monthly pension based on housebound status or permanent need for regular aid and attendance (A&A) has been denied as he does not meet the criteria for either benefit.

The Veteran's appeal was denied for all issues related to service connection due to the lack of evidence supporting these claims. The Board found that there is no current disability, and no link between any claimed conditions and active military service or herbicide exposure.

The Board has decided to remand the case due to inadequacy of a previous VA opinion and other procedural issues. The Veteran's claim for service connection for sleep apnea will be returned to the agency of original jurisdiction (AOJ) for further action.

The Board finds that the Veteran's sleep disorders, including Sleep Apnea and Upper Airway Resistance Syndrome, are not service-connected as they did not manifest during or within one year after his military service. The VA examiners have consistently opined that these conditions are not related to his service-connected PTSD.

The Veteran's claim to service connect sleep apnea was last denied in an August 1999 rating decision. He did not appeal that decision, and it became final. Since then, he has submitted new and material evidence that relates to an unestablished fact necessary to substantiate the claim for service connection of sleep apnea. The Veteran's persistent cough since serving in Desert Storm is also being considered.

The Board has granted the Veteran's claims for service connection for tinnitus, sleep apnea, an upper back disability, a lower back disability, and a bilateral knee disability.

The Veteran's claims for service connection for ischemic heart disease, diabetes, diffuse idiopathic skeletal hyperostosis (DISH), sleep apnea, rheumatoid arthritis, gout, neck disability, low back disability, bilateral hip and knee disabilities, iritis, allergies, nephrolithiasis, erectile dysfunction, and lip rash are all granted due to presumed exposure to herbicides in service.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional development, including obtaining VA treatment records and an addendum from the examiner.

The Veteran's service-connected disabilities are not considered to have caused or contributed substantially to his death due to cardiopulmonary arrest. The Board finds that the evidence does not support a finding of clear and unmistakable error in prior decisions regarding his disability ratings, nor is there any basis for reopening claims based on new evidence.

The Board denied the Veteran's claims of service connection for bilateral knee disability, obstructive sleep apnea, right shoulder disability, and hypertension. The evidence did not establish a direct link between these conditions and service.

The Veteran does not have a current right hip disability, and the evidence does not establish service connection for any of his other claimed conditions. The Board finds that there is no basis to grant service connection.

The Board found that the Veteran's low back and respiratory disabilities were not incurred or aggravated by service, as there was no evidence of chronic conditions in service or within one year after separation. The VA examiner opined that the current low back disability is less likely than not related to service.

The Veteran withdrew his appeal for a higher initial rating for sleep apnea, and the Board dismissed the case as a result.

The Veteran's service-connected sleep apnea was not manifested by persistent daytime hypersomnolence or use of a breathing assistance device prior to September 26, 2009. For the period beginning September 26, 2009, his sleep apnea did not meet the criteria for a compensable rating.

The Veteran's degenerative spondylosis of the lumbosacral spine with DDD at L5-S1 has been manifested by forward flexion greater than 30 degrees but not greater than 60 degrees, resulting in a rating of 20 percent.

The Board has granted service connection for sleep apnea and found that the Veteran's current diagnosis of sleep apnea is related to his in-service right ankle injury. The claim for an increased rating for right ankle disability remains pending.