Sleep apnea Board decisions

The Board has determined that a remand is necessary to obtain additional medical opinions regarding the relationship between the Veteran's sleep apnea and his service-connected deviated septum, as well as to ensure all relevant VA records are obtained.

The Board found that the preponderance of evidence is against a finding that the Veteran's current diagnosed sleep apnea first manifested during his period of service or is otherwise related to his period of service. Therefore, the claim for service connection for obstructive sleep apnea was denied.

The Board has determined that the Veteran's residuals of left knee meniscus tear status post surgical repair are service-connected. The arthritis claim is also granted as it is related to his pre-existing condition aggravated by service. Other claims remain pending.

The Veteran's death was not due to willful misconduct, and at the time of his death he had service-connected disabilities but did not meet the criteria for DIC under 38 U.S.C.A. § 1318.

The Veteran's initial ratings for his service-connected disabilities have been granted and are in effect since the date of claim. The Board is remanding to obtain updated medical evidence regarding the current severity of these conditions.

The Board has determined that the February 2014 VA examination report is inadequate for rating purposes and a new opinion is necessary to determine if the Veteran's obstructive sleep apnea is related to service, including his reported exposure to chemical agents and inability to maintain proper weight in accordance with Army regulations. The examiner should also provide an opinion on whether it is at least as likely as not that the Veteran's obstructive sleep apnea was caused by or aggravated by his service-connected orthopedic disabilities.

The Veteran's lumbosacral strain was manifested by limitation of forward flexion to 80 degrees, but not less than 30 degrees. A rating of 20 percent is granted for the period from May 27, 2007, to September 19, 2009.

The Veteran's appeal is being remanded to obtain additional service treatment records and to schedule him for appropriate examinations. The claims will be readjudicated after these actions.

The Veteran's petition to reopen a claim of service connection for a sleep disorder was granted. The Board found new and material evidence in the form of a diagnosis of sleep apnea, which is related to his military service.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for a new examination to assess his lumbosacral spine disability and determine the nature and etiology of his claimed cervical and thoracic spine and right shoulder conditions.

The Board has decided to remand the case for additional development, including obtaining VA treatment records and an addendum opinion regarding the etiology of the Veteran's current lumbar spine disabilities.

The Veteran's service connection for diabetes mellitus, type II was granted effective November 7, 2005. The earlier effective date claim is denied.

The Board has determined that the Veteran's claims for service connection for hypertension, erectile dysfunction, and sleep apnea as secondary to his service-connected diabetes mellitus have not been substantiated by the evidence of record.

The Board has remanded the Veteran's claims due to insufficient evidence regarding the nature and etiology of his claimed disabilities, specifically asthma, GERD, a lumbar spine disability, bilateral foot disability, and obstructive sleep apnea. The AOJ is instructed to obtain updated VA and private treatment records, schedule appropriate examinations, and provide addendum opinions as requested.

The Board has remanded the Veteran's claims for further development, including a VA examination to address whether his sleep apnea is related to service-connected disabilities and if he is unemployable due to his service-connected conditions.

The Board has determined that the Veteran's sleep apnea is not related to service or his service-connected PTSD, and thus denied the claim for service connection.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of service connection for degenerative disc disease of the lumbosacral spine, including as due to service-connected left ankle arthritis. The claims for right ankle disability, plantar fasciitis of the right foot, skin disability of the back of the head and feet, gastrointestinal disability, to include gastritis, and residuals of a left buttock strain were denied on the merits.

The Veteran's claim of service connection for sleep apnea has been reopened, and it is at least as likely as not that his obstructive sleep apnea began during active military service. The Veteran's PTSD and tension headaches are rated based on their impact on daily life.

The Veteran is seeking service connection for obstructive sleep apnea, which he claims was incurred during service and/or aggravated by his service-connected PTSD. The Board has determined that the September 2010 VA examination report is inadequate as it does not address whether the Veteran's claimed sleep apnea was incurred in or caused by service.

The Board has granted service connection for the Veteran's sleep apnea, finding that it is related to his military service and not due to PTSD.