Sleep apnea Board decisions

The Veteran's appeal is mixed, with some issues granted and others not. The Board has dismissed the issue of whether new and material evidence was received to reopen a claim for service connection for a left ankle disability due to withdrawal by the Veteran. Service connection for a low back disability remains pending.

The Board has granted service connection for obstructive sleep apnea and IBS, finding that these conditions are related to the Veteran's service-connected PTSD.

The Veteran's appeal is remanded due to insufficient medical evidence on the association between his service-connected PTSD and sleep apnea. The case will be reconsidered after an additional examination.

The Veteran's diabetes mellitus, type II, is service-connected.,His peripheral neuropathy of the right and left lower extremities, with foot ulcers and Charcot joint disease, is also service-connected as secondary to his diabetes mellitus, type II.,His peripheral neuropathy of the upper extremities, right and left, is also service-connected as secondary to his diabetes mellitus, type II.,His peripheral vascular disease of both lower extremities is also service-connected as secondary to his diabetes mellitus, type II.,His diabetic retinopathy is not service-connected.,His sleep apnea is not service-connected.

The Board denied the Veteran's claims for service connection for sleep apnea and a left foot disorder, finding no evidence of in-service injury or disease related to these conditions.

The Veteran's appeal for a total disability rating based on individual unemployability due to service-connected disabilities was denied by the Board of Veterans' Appeals.

The Veteran's current diagnosis of moderate obstructive sleep apnea is related to his military service, and the Board grants service connection for this condition.

The Board has reopened the Veteran's claim and granted service connection for sleep apnea, finding that new evidence supports a finding of in-service onset.

The Board finds that the Veteran's low back disability is related to service and grants service connection for disc disease of the lumbosacral spine.

The Veteran's service connection claim for obstructive sleep apnea and an acquired psychiatric disorder, to include PTSD, is granted. The Board finds that the Veteran has a current diagnosis of sleep apnea related to her service-connected disabilities.

The Board finds that the Veteran's substantive appeal was timely filed, and thus the claims for service connection for sleep apnea, herniated disc, and to reopen the issue of asthma are granted.

The Board has remanded the case for further development, including scheduling a VA dermatology examination and implementing directives from previous remands. The Veteran's service connection claim for a skin disorder remains pending.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.

The Board denied the Veteran's claims for service connection for hypertension, lumbosacral strain with facet syndrome, varicosities and post-phlebitic syndrome of the right leg, varicosities and post-phlebitic syndrome of the left leg, and dermatitis.

The Veteran's TDIU claim is granted on an extraschedular basis due to his service-connected disabilities, including PTSD and cervical/lumbar spine disabilities.

The Board denied the Veteran's claim for an effective date prior to September 23, 2002 for a total rating based on individual unemployability (TDIU), finding that his service-connected disabilities did not meet the criteria for TDIU.

The Veteran's claims for service connection for chronic muscle aches and cramps (to include as due to an undiagnosed illness) and sleep apnea were denied. The Board found that the claimed conditions did not have their onset during any of his periods of active military service.

The Veteran's sleep apnea was not incurred in or aggravated by service, and it may not be presumed to have been incurred during service.,As the Veteran's claimed sleep degradation/deprivation/insomnia is already rated under his service-connected psychiatric disability, the appeal for service connection for this complaint is dismissed.,The criteria for an initial disability rating of 30 percent, but no more, for an acquired psychiatric disorder have been met throughout the appeal period.,The Veteran's right knee disability has not been productive of flexion less than 45 degrees, extension greater than zero, or lateral instability or subluxations; but it has been productive of less than full flexion and pain on motion throughout the appeal.,The criteria for an initial disability rating higher than 10 percent for migraine headaches have not been met at any time during the appeal period.,There being no justiciable case or controversy, the appeal for an initial disability rating higher than 50 percent for sinusitis beginning November 17, 2011, is dismissed.,There being no justiciable case or controversy, the appeal for an initial disability rating higher than 10 percent for allergic rhinitis beginning November 17, 2011, is dismissed.,The criteria for a rating of 50 percent for sinusitis from May 2, 2007, to November 17, 2011, are met; and the criteria for a rating of 10 percent, but no more, for allergic rhinitis from May 2, 2007, to November 17, 2011, are met.

The Board has granted service connection for obstructive sleep apnea and polycythemia, finding that the Veteran's conditions are more likely than not related to his active duty service.

The Board has determined that the Veteran's service-connected obstructive sleep apnea and hemorrhoids contributed to his fatal cardiopulmonary arrest, hemorrhagic shock, acute blood loss, anemia and intestinal bleeding. Therefore, service connection for the cause of the Veteran's death is granted.