Sleep apnea decisions — 2012

The Veteran's service-connected conditions did not contribute to his death from cardiac arrest and diabetes. The Board found that PTSD was not the cause of death, but rather a contributing factor.

The Board denied the Veteran's claim for service connection for a skin disorder, including chloracne and other dermatological conditions, due to herbicide exposure in Vietnam. The VA examiner found that it is at least as likely as not that these conditions are related to his active service.

The Board has determined that the Veteran's sleep apnea is related to his active military service, including as secondary to his service-connected PTSD. As such, the claim for service connection is granted.

The Veteran's claims for increased ratings for lumbosacral nerve root injury with radiculopathy and pelvic fracture and separation of the symphysis pubis with low back pain were denied by the Board. The case is being remanded to provide additional development, including scheduling VA examinations.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU rating, and referral for extraschedular consideration is not warranted.

The Veteran's claims for service connection for plantar fasciitis and sleep apnea are being remanded due to the need for further development, including medical examinations.

The Board found no evidence of a chronic, identifiable sleep disorder in service and denied the Veteran's claim for service connection for a sleep disorder (claimed as Sleep Apnea).,Hypertension was first noted after service and not related to service. The Board also denied service connection for hypertension.

The Veteran's claim for service connection for sleep apnea, to include as secondary to his service-connected left inguinal hernia and gastroesophageal reflux disease with hiatal hernia, is being remanded due to inadequate development of the medical records.

The Veteran's obstructive sleep apnea and chronic sinusitis with allergic rhinitis are found to have first manifested during military service, and the Board finds that these conditions are presumed to be related to his active duty.,The Veteran is currently diagnosed with obstructive sleep apnea and chronic sinusitis with allergic rhinitis. Both conditions were shown to have begun during military service.

The Veteran's claims for service connection have been reopened, but the evidence does not establish that any of these conditions were incurred in or aggravated by military service.

The Veteran's initial disability ratings for panic disorder without agoraphobia and residuals of right ankle fracture were granted, but the appeal for higher initial ratings was denied.

The Veteran's claims for increased ratings and service connection were denied. The Board dismissed the appeal regarding the issues of entitlement to service connection for headaches and a sinus disorder as moot due to their overlap with his already service-connected residuals, nasal fracture and septoplasty with sinus complaints and headaches.

The Board found that the Veteran did not have obstructive sleep apnea during his active duty service and thus, denied the claim for service connection.

The Board has determined that additional development is needed to obtain the Veteran's service treatment records and Tricare treatment records. The Veteran also needs a VA examination for his sleep apnea, left shoulder strain, and body joint pain claims.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected chronic lumbosacral strain and a VA general medical examination to determine whether he is unemployable due to his disabilities. The claims will be readjudicated after these actions.

The Board found no credible and competent evidence linking the Veteran's current low back disability to his active service, thus denying his claim for service connection.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's chronic obstructive sleep apnea and whether it is related to his service-connected conditions.

The Board has denied the Veteran's claims of service connection for bilateral hearing loss, left shoulder disability, and left foot disability as new and material evidence was not received. The claim of service connection for sleep apnea is also denied.

The Veteran's sleep apnea was not caused or aggravated by service-connected PTSD or other incident of his military service.

The Board has remanded the case for additional development, including a new VA examination to assess whether the Veteran's service-connected disabilities render him unemployable.