Sleep apnea decisions — 2012

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Board has remanded the case due to inadequate examination and lack of substantial compliance with prior remand directives. The Veteran needs a new VA examination to determine if his current sleep apnea is related to service, including diabetes mellitus type II, and whether any service-connected conditions or medications aggravate his sleep apnea.

The Board dismissed the Veteran's appeal due to his death, and thus no jurisdiction remains for further action.

The Veteran's obstructive sleep apnea was first manifested during active duty and is therefore granted service connection. The claims for hypertension and diabetes mellitus are remanded as additional VA treatment records may be needed to substantiate the claims.

The Board has found service connection for PTSD. The Veteran's current sleep apnea and bilateral hearing loss are being remanded for further examination to determine their etiology.

The Veteran's service-connected lumbosacral strain and tinea versicolor were evaluated, but the increased ratings have already been granted by a December 2004 rating decision. The issues remain in appellate status as the maximum schedular rating has not been assigned.

The Veteran's PTSD is currently rated at 10 percent, and his obstructive sleep apnea has been granted as secondary to a service-connected left deviated septum.

The Board finds that the reduction of the Veteran's disability compensation benefits to a 10 percent evaluation, effective from February 2009 to October 2009, due to incarceration for a felony conviction was proper.

The Board denied the Veteran's claims for service connection for rosacea, a skin rash on the right upper leg, seborrheic keratoses (claimed as a facial skin disorder), and basal cell carcinoma. The Board found that there was no evidence of a nexus between any of these conditions and active service or a service-connected disability.

The Board has dismissed the Veteran's appeals for higher initial ratings for ulnar neuropathy of the right and left upper extremities. The claim of service connection for obstructive sleep apnea is granted.

The Board found that the preponderance of evidence does not show a chronic sleep disorder present in service or until many years thereafter, and is not related to service. The Veteran's diagnosed narcolepsy and sleep apnea are considered to be directly related to his service-connected low back disability.

The Veteran's sleep apnea was diagnosed during his active duty service and is considered to have been incurred therein. The Board has therefore granted the claim for service connection.

The Board denied the Veteran's claims for service connection for a right knee disability and sleep apnea, finding no evidence of these conditions during his military service or that they are related to his service.

The Veteran's sleep apnea is found to be etiologically related to his service-connected type II diabetes mellitus, and the Board grants service connection for this condition.

The Board has granted service connection for chronic lumbosacral spine degenerative disc disease, finding that the Veteran's back condition originated during active service. The skin disorder claim is pending and will be addressed in a separate remand.

The Board has remanded the case for additional development due to issues related to higher disability ratings for lumbosacral strain with degenerative disc disease, left knee and right knee conditions.

The Veteran's appeal is remanded due to the need for additional VA treatment records, a new VA examination for PTSD, and issuance of a statement of the case on the sleep apnea claim.

The Board has determined that the Veteran's right knee disability had its onset in service and has persisted continuously since, warranting service connection. The claim for sleep apnea is remanded due to inadequate medical opinion.

The Board has remanded the case due to inadequate VA examination and failure to provide a new one. The Veteran's claim for service connection for sleep apnea is being remanded for further development, including an adequate VA examination.

The Veteran's asthma and prostatitis and BPH are found to be related to his active duty service. The other claimed disabilities are not addressed in the decision.