Sleep apnea Board decisions

The Board found that sleep apnea was not incurred in or aggravated by the Veteran's active duty military service and is not proximately due to or the result of a service-connected disability.

The Veteran's appeal for a higher disability rating for his low back disability prior to May 2, 2013, and for a TDIU prior to that date has been withdrawn.,The Veteran's appeal for a higher disability rating for his low back disability beginning on May 2, 2013, and for a TDIU beginning on that date has also been withdrawn.

The Veteran's appeal has been withdrawn by his service representative, and thus the issue of a rating in excess of 20 percent for lumbosacral spine strain with degenerative disc disease at L5-S1 and intermittent saddle anesthesia is dismissed.

The Veteran's appeal for service connection for a disability manifested by impaired immune system, trachea/heart positional shift, cervical spine disability, depression, OSA, and bronchitis was denied. The Board found no evidence of an impairment in the immune system or any other claimed disabilities.

The Veteran's service-connected disabilities make it impossible for him to secure or follow a substantially gainful occupation, and the Board finds that he is entitled to a TDIU.

The Board has determined that the Veteran's tinnitus and obstructive sleep apnea are more likely than not related to service, granting service connection for both conditions.

The Board has reopened the Veteran's claims for service connection for various conditions, but has denied each claim on the merits. The Veteran does not have a current diagnosis of residuals of electrical shock or second degree burns of either lower extremity. Pes planus pre-existed service and did not increase in severity during service. Shin splints are not shown to be causally related to any disease, injury, or incident during service.

The Board has remanded the claims for service connection for obesity, diabetes mellitus, hypertension, and sleep apnea to allow for further development. The Veteran's obesity is being evaluated in relation to her service-connected psychiatric disability (depression with psychotic features and PTSD).

The Veteran's lumbosacral strain did not meet the criteria for an evaluation greater than 10 percent from September 20, 2009.

The Board has remanded the case for further development, including a new VA examination to determine if the Veteran's current sleep apnea is related to service. The appeal will be returned to the Appeals Management Center (AMC) in Washington, DC.

The Veteran's service-connected low back disability, including lumbosacral strain and IVDS, is rated at 40 percent since May 21, 2008. The rating for the bone spur of the right foot has been increased to 10 percent effective December 30, 2011.

The case is being remanded for the VA examiner to provide a response regarding whether the Veteran's sleep apnea was caused or aggravated by his service-connected diabetes mellitus and/or posttraumatic stress disorder. The examiner must respond specifically to both conditions.

The Veteran's lumbosacral spine disability results in forward flexion of the thoracolumbar spine to 10 degrees, with favorable ankylosis. The disability does not result in unfavorable ankylosis or incapacitating episodes that require bed rest prescribed by a physician and treatment by a physician.

The Board finds that the Veteran does not have a separate sleep disorder, and his symptoms are associated with his service-connected anxiety disorder. Therefore, he is denied service connection for sleep apnea.

The Board has determined that the Veteran's sleep apnea is likely to have begun during his active duty service and grants service connection for this condition.

The Veteran's tinnitus is found to be related to in-service acoustic trauma, and service connection for this condition is granted. The other claims of service connection are dismissed as the Veteran withdrew them during his hearing.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's long period of active service is most likely where his condition began. The TDIU claim was withdrawn by the Veteran.

The Board has remanded the Veteran's claims due to insufficient medical evidence and a need for further examination.

The Board has remanded the Veteran's claims for hypertension, thyroid condition, and sleep apnea with CPAP due to missing service treatment records and the need for additional medical examination.

The Board denied the Veteran's claims for service connection for a right knee disorder, left hip disorder, lumbosacral spine disability, and depression. The evidence received since the last denial was not considered sufficient to reopen any of these claims.