Sleep apnea Board decisions

The Veteran's lumbosacral strain does not meet the criteria for a rating in excess of 40 percent, and his service-connected disabilities do not preclude substantially gainful employment.

The Board has determined that the Veteran's claims for service connection have been denied. The appeals are remanded to further develop and consider these claims.

The Board has determined that the Veteran's service-connected PTSD with a history of bipolar disorder, along with his other conditions, warrants an increased disability rating and TDIU from October 28, 1993 to June 3, 2008. The Veteran also received SMC based on need for aid and attendance or being housebound.

The Board has determined that the Veteran's erectile dysfunction is secondary to his service-connected dysthymic disorder and thus granted service connection for this condition. The decision regarding obstructive sleep apnea was denied as there is no evidence of its onset in service or a link to service.

The Veteran's sleep apnea is being remanded for further development to determine if it is related to her service or her service-connected major depressive disorder.

The Veteran's widow is granted accrued benefits for service connection of obstructive sleep apnea as secondary to his service-connected amyotrophic lateral sclerosis.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected lumbar spine degenerative disc disease, finding that the current diagnosis of complex sleep apnea is at least as likely as not caused by the sedatives and pain medications he takes for his back disability.

The Board has determined that the Veteran's current lumbar spine degenerative changes are due to an injury sustained during his period of active service, and thus grants service connection for this condition.

The Veteran does not have a respiratory disability, to include sleep apnea, that is due to an event or incident of his service.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and readjudicating both the initial rating issue and the TDIU effective date issue.

The Veteran's cervical and lumbosacral spine disabilities, as well as radiculopathy, are being remanded due to insufficient opinions regarding the causation and aggravation aspects of service connection. The case will be re-adjudicated after obtaining additional medical opinions.

The Veteran's claim for service connection for sleep apnea disorder is granted. The Board finds that the Veteran had a current diagnosis of sleep apnea and established continuity of symptomatology since service, meeting the criteria for service connection.

The Board has determined that the Veteran's currently diagnosed obstructive sleep apnea originated during service and persists since separation, granting service connection for this condition.

The Board has determined that the Veteran's sleep apnea is related to his in-service polyp surgery, and thus grants service connection for this condition.

The Veteran's claims for service connection for sleep apnea and hypertension have been denied as there is no evidence of a direct relationship to his military service or any presumptive exposure. The initial rating claim for erectile dysfunction has also been denied.

The Veteran's service records do not show any in-service injury or event related to his current breathing problems, sleep apnea, and empyema. The Board finds no competent evidence linking these conditions to his military service.

The Veteran's service-connected obstructive sleep apnea with chronic bronchitis is currently rated at 50 percent, which is the maximum rating available under the applicable diagnostic codes. The Board finds that neither condition warrants a higher evaluation.

The Veteran's initial ratings for DJD of the lumbosacral spine with lower leg numbness and inflammatory colitis, IBS, and GERD were denied as her conditions do not warrant a higher rating under the applicable VA rating criteria.

The Board has determined that it is at least as likely as not that the Veteran's sleep apnea began during his military service, and thus grants service connection for this condition.

The Veteran's lumbosacral spine disability is rated at 40 percent effective November 15, 2011. The rating includes a compensable evaluation for erectile dysfunction and urinary frequency associated with the service-connected low back disability.