Sleep apnea Board decisions

The Veteran's claim of service connection for sleep apnea was reopened and granted. However, the denial of service connection for sinusitis remains unchanged.

The Veteran's service-connected disabilities have rendered him unable to secure and follow a substantially gainful occupation since January 18, 2012.

The Board has determined that the Veteran's obstructive sleep apnea is related to his service and grants entitlement to service connection.

The Board found no evidence linking the Veteran's stomach disorder, pseudofolliculitis barbae, right shoulder condition, Graves disease, knee conditions, COPD, sleep apnea, or chest syndrome to service. The Veteran's GERD was attributed to a known clinical diagnosis of gastroesophageal reflux disease (GERD).

The Board has found that the Veteran's sleep apnea did not have its clinical onset in service and is not otherwise related to his service-connected sinusitis and/or hypertension. The Board also found no medical evidence linking any foot disability, including hammer toes, to service or a service-connected condition.

The Board has reopened the claim of service connection for a lumbar spine disorder and granted it, finding that there is at least equipoise evidence in favor of the Veteran's claim.

The Veteran seeks service connection for sleep apnea, which he claims is related to his military service. He also seeks secondary service connection for sleep apnea due to his service-connected PTSD. The case is being remanded for further development and examination.

The Veteran's lumbosacral strain has been rated at 40 percent since September 1997, and this rating remains in effect.

The Board has remanded the case for further development, including a VA examination and medical opinion regarding the etiology of the Veteran's obstructive sleep apnea. The issues on appeal are whether service connection should be granted for obstructive sleep apnea as secondary to sinusitis with allergic rhinitis or chronic pain from service-connected musculoskeletal disabilities.

The Board has denied service connection for a back disorder due to lack of evidence linking the current condition to service. The claims for respiratory disorder (including sleep apnea) and hypertension are pending as there is no clear indication that these conditions were incurred in or aggravated by service.

The Board has determined that the Veteran does not have a current diagnosis of sleep apnea and finds that his symptoms are part of his service-connected acquired psychiatric disability, to include insomnia. Therefore, service connection for sleep apnea is denied.

The Veteran's combined disability rating of the lumbar spine associated disabilities is 60 percent, which meets the criteria for SMC at the housebound rate from April 23, 2008.

The Board denied the Veteran's claim of entitlement to service connection for sleep apnea on a secondary basis to his service-connected narcolepsy. The effective date for the grant of service connection for narcolepsy remains July 1, 1997.

The Veteran's claims for increased ratings and TDIU were denied. The lumbar spine disability was rated at 40 percent, effective July 26, 2013.

The Veteran's current sleep apnea is related to his active service, and the Board grants service connection for this condition.

The Veteran's claim of service connection for a mental disorder, including major depressive disorder, has been granted. The claims of service connection for rheumatoid arthritis and sleep apnea have also been reopened and are pending further development.

The Veteran's claim for service connection for ischemic heart disease was denied as there is no evidence of a current disability. The issue of an increased rating for PTSD remains in appellate status, and the Veteran has not perfected his appeal of the denial of service connection for obstructive sleep apnea.

The Board has remanded the case due to the need for additional development of records, including from private providers and VA medical centers.

The Veteran's gout, GERD, diverticulosis with diarrhea, and sleep apnea are all found to have been incurred during active duty. His PTSD is rated as 100% disabling since the effective date of service connection. The Veteran is granted a TDIU based on his PTSD.

The Veteran's private medical expenses for obstructive sleep apnea treatment at Pulmonary Physicians of Gainesville on June 12, 2013 were not authorized by VA and did not meet the criteria for reimbursement under applicable laws.