Sleep apnea Board decisions

The Veteran's appeal for service connection for sleep apnea is dismissed as the claim has been granted and there remains no justiciable case or controversy with respect to this claim.

The Board found that the Veteran's low back disorder, characterized as lumbosacral strain, is not etiologically related to any incidents or injuries sustained during his military service.

The Board has remanded the case for another VA examination to evaluate the current severity and neurological impairment of the service-connected lumbosacral spine disability due to inconsistent findings.

The Board denied the Veteran's claims for service connection for sleep apnea and a lumbar spine disability, as well as his claim for an increased rating for diabetes mellitus. The Veteran's current 20% rating for diabetes mellitus is upheld.

The Veteran has been granted service connection for sleep apnea, which is considered a full grant of the benefit sought on appeal.,Service connection was established for sleep apnea as it began during active duty.

The Board has granted service connection for left hip osteoarthritis and total hip replacement residuals, finding that the Veteran's current condition is related to his service-connected right knee chondromalacia patella and a left knee sprain. Service connection was denied for lumbosacral spine degenerative arthritis.

The Board has remanded the case due to inadequate examination and unclear service connection theory, requiring a new VA examination to address the onset of any spine disability during active duty or ACDUTRA/INACDUTRA.

The Veteran's claim for service connection for a sleep disorder, including obstructive sleep apnea, was reopened and granted. Service connection for right ear hearing loss was denied.

The Veteran withdrew his appeal with respect to the claims for service connection for post-traumatic stress disorder, diabetes mellitus, hypertension, and eye hemorrhages during a July 2015 Board hearing.

The Board has determined that additional development is necessary and the appeal is REMANDED to obtain outstanding VA and private treatment records, clarify whether there are any updated records from the Penn Sleep Center, and schedule the Veteran for appropriate VA examinations to determine the nature and etiology of his claimed conditions.

The Board denied the Veteran's claims for a higher disability rating for maxillary/frontal sinusitis, service connection for sleep apnea, an acquired psychiatric disorder (including panic attacks, bipolar disorder and depression), and migraine headaches. The current evaluation of 10 percent is deemed sufficient based on the symptoms reported.

The Board has determined that the Veteran does not have current diagnoses for an upper back condition, chronic fatigue, sleep apnea, hypertension, or residuals of Guillain-Barre Syndrome. Therefore, service connection for these conditions is denied.

The Veteran's appeal is being remanded for additional development, including obtaining specific dates of active duty service and scheduling a VA examination to determine the relationship between his current sleep apnea and military service.

The Veteran's low back disability was rated at 10 percent for the initial rating period from June 24, 2006 to August 27, 2012. The VA examiner found that the Veteran experienced pain and limited motion but no incapacitating episodes during this period.

The Veteran's claim for service connection for obstructive sleep apnea, as secondary to PTSD, is being remanded due to inadequate examination and the need to obtain VA treatment records.

The Veteran's lumbosacral strain is not productive of forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; the combined range of motion of the thoracolumbar spine less than 120 degrees; or, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. He also has not had incapacitating episodes having a total duration of at least 2 weeks but less than 4 weeks during the past 12 months.

The Veteran's service-connected low back disability is not shown to meet the criteria for a higher rating, as his forward flexion of the thoracolumbar spine remains within normal limits and does not result in favorable or unfavorable ankylosis.

The Board has determined that the Veteran's current sleep apnea and acquired psychiatric disorder were not incurred in or related to his military service.

The Veteran's psychiatric condition, including depression and PTSD, is service-connected.,His headaches are presumed to be related to his Gulf War service.,His left shoulder condition first manifested during service.,His neck condition likely began in-service due to a motor vehicle accident.,Erectile dysfunction is secondary to his service-connected psychiatric disability and hypertension.,Obstructive sleep apnea is service-connected.,Hypertension is also service-connected, linked to the Veteran's sleep apnea.

The Veteran has withdrawn all of her claims on appeal, including those for service connection and initial disability ratings.