Sleep apnea Board decisions

The Veteran's low back disability was granted a 20 percent evaluation effective August 28, 2003. The claim for increased ratings for his left and right lower extremity radiculopathy remains pending.

The Veteran is seeking service connection for sleep apnea, which he claims was caused or aggravated by his service-connected PTSD. The Board has decided to remand the case due to conflicting medical opinions and new evidence submitted by the Veteran.

The Veteran's appeal for service connection for a psychiatric disability, obstructive sleep apnea (OSA), and temporomandibular joint dysfunction (TMJ) has been withdrawn prior to the Board's decision.

The Veteran's appeal is granted, with service connection for tinnitus established. The other issues remain on appeal.

The Board has determined that the Veteran's sleep apnea did not manifest during or as a result of military service and is therefore denied.

The Board denied service connection for hypertension, a chronic respiratory disorder claimed as recurrent infections and bronchitis, and a sleep disorder claimed as chronic insomnia and sleep apnea. The Veteran's claims were based on direct service incurrence.

The Board has remanded the case due to the need for a VA examination to determine if the Veteran's obstructive sleep apnea is related to his service, including any exposure to chemicals and biological substances in the Persian Gulf.

The Veteran's claim of service connection for PTSD was denied in May 2007 and is not reopened. The Veteran's lumbosacral spine disability, headaches, and associated radiculopathy are rated at the maximum allowable under VA regulations.

The Board has determined that the VA examination is inadequate and requires additional clarification on whether the Veteran's obstructive sleep apnea is related to service or secondary to his service-connected PTSD with major depressive disorder.

The Board found that the Veteran's current sleep apnea is not related to service and denied his claim for service connection.

The Veteran's lumbosacral strain, with L2 deformity, was found to warrant a 10 percent rating based on the schedular criteria. The extraschedular consideration did not result in an increased rating.

The Board has remanded the case for further development, including consideration of an extraschedular evaluation and a TDIU claim. The Veteran's service-connected low back disability is at issue.

The Board has denied the Veteran's claims for service connection for right wrist arthritis, diabetes mellitus type II, sleep apnea, and bilateral elbow bursitis. The Veteran does not have a diagnosed right wrist condition.

The Veteran's sleep apnea and left ear hearing loss are related to his active military service.

The Veteran's hypertension is found to have been incurred during his active duty from July 2008 to October 2009. Service connection for insomnia is granted as it is secondary to service-connected PTSD and sleep apnea.

The Veteran's death was not caused by a service-connected disability, and the Veteran did not meet the criteria for DIC under 38 U.S.C.A. § 1318.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before a Veterans Law Judge.

The Board has determined that the Veteran's sleep apnea was aggravated by his service-connected disabilities, and thus grants service connection for this condition. However, there is no evidence of hypertension during or contemporary to the appeal period, so service connection for hypertension is denied.

The Board has determined that a rating of 20 percent for lumbosacral strain is warranted since October 27, 2014. The Veteran's disability resulted in painful motion causing limitation of flexion to 60 degrees and functional losses more equivalent to the 20 percent rating.

The Board has remanded the cases for issuance of a statement of the case on whether new and material evidence has been received to reopen a claim of entitlement to service connection for sleep apnea and the issue of entitlement to service connection for a neck disability.