Sleep apnea Board decisions

The Board has determined that the Veteran's current sleep apnea is not related to his military service, and therefore denied his claim for service connection.

The Veteran's low back pain is found to have started in service and has continued since then, with a confirmed diagnosis of degenerative disc disease shortly after discharge. Service connection for this condition is granted.

The Board has determined that additional development is needed to determine the relationship between the Veteran's current sleep apnea and his periods of service in 2001-2002 and 2004-2005, as well as whether his PTSD causes or aggravates his sleep apnea.

The Board has determined that the Veteran's obstructive sleep apnea is proximately due to his service-connected scars, status post-surgical correction to the jaw. As a result, the claim for service connection on a secondary basis is granted.

The Veteran's claims for service connection for right shin disorder, sleep apnea, and abnormal weight fluctuations are being remanded due to the need for additional development.

The Board has determined that the Veteran's sleep apnea and erectile dysfunction are proximately due to or the result of his service-connected PTSD and hypertension, respectively. As such, these conditions have been granted service connection.

The Veteran's lumbar spine disability is rated at 40 percent disabling, effective from May 31, 2011. The claim for service connection for a cervical spine disability and bilateral shoulder disabilities was granted.

The Veteran's claim for service connection for lumbosacral spine degenerative disc disease and degenerative joint disease with radiculopathy is being remanded due to the need for additional development, including obtaining medical records and opinions from a VA examiner.

The Board has remanded the case for further development, including obtaining an addendum opinion from the examiner who performed the December 2014 examination to address the etiology of the Veteran's sleep apnea. The claim is also inextricably intertwined with the claim for service connection for sleep apnea.

The Veteran's right foot disorder, low back disorder, and sleep apnea were not shown to be related to service. The acquired psychiatric disorder is also not linked to service.

The Veteran's sleep apnea is found to have onset during service and the Board grants service connection for this condition. The heart disorder appeal was withdrawn by the Veteran before a decision could be made. Service connection for hypertension, claimed as secondary to a service-connected disability, is granted.

The Veteran's appeal is being remanded to obtain additional medical opinions and to ensure all relevant treatment records are obtained. The issues of service connection for PTSD, adjustment disorder with anxiety and depressed mood, and sleep apnea will be addressed.

The Veteran's OSA with asthma is currently rated at 60 percent, and the Board found that a higher rating was not warranted.

The Veteran's combined disability rating is 80 percent, which meets the percentage requirements for a TDIU. However, his service-connected disabilities do not preclude him from securing and following all substantially gainful employment consistent with his education and occupational experience.

The Veteran's lumbosacral strain is now rated at 40 percent from May 26, 2015, resolving his appeal for a higher rating. His TDIU claim remains pending as he meets the schedular criteria but may require further consideration due to additional service-connected conditions.

The Veteran's hypertension was shown in service and is currently present, meeting the criteria for service connection.

The Veteran's service connection claims for obstructive sleep apnea with fatigue, right knee arthritis, left hip arthritis, lumbosacral spine degenerative disc disease and cervical spine degenerative disc disease were granted. The effective dates for the right knee and left hip conditions are set at April 14, 2010, while those for the lumbosacral spine and cervical spine conditions are set at August 20, 2010.

The Board has determined that the Veteran's current diagnosis of sleep apnea is related to his in-service complaints and treatment for sleep problems, leading to a grant of service connection.

The Board found that the reduction of the disability rating from 40 percent to 10 percent for the Veteran's service-connected degenerative disc disease of the lumbosacral spine was proper due to improvement in his condition.

The Board has remanded the case for additional development, including obtaining VA and private medical records, scheduling a VA examination, and considering the Veteran's TDIU claim.