Sleep apnea decisions — 2012

The Board finds that there is no evidence of a current disability of sleep apnea and thus the claim for service connection cannot be granted.

The Veteran's claims for various conditions, including neurological disabilities of the extremities, vertigo, spontaneous fevers and chills, sleep apnea, hypertension, headaches, skin rash condition, and malignant melanoma, were denied as there is no competent medical or credible lay evidence to support these claims. The appeal does not involve service connection.

The Veteran is seeking service connection for sleep apnea, which he believes was caused or made worse by his service-connected PTSD. The Board has ordered additional development to address the relationship between these conditions and to obtain updated medical records.

The Board has remanded the case for further development due to requests for a hearing and other procedural issues. The Veteran's claim of entitlement to service connection for sleep apnea remains pending.

The Board denied the Veteran's claim for service connection as retinitis pigmentosa was not incurred in or aggravated by service.

The Board has determined that the Veteran's obstructive sleep apnea is related to his active service and grants service connection for this condition.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional development, including obtaining a VA examination and considering Persian Gulf War service.

The Board denied the Veteran's claim for an evaluation in excess of 20 percent for his service-connected lumbosacral strain with degenerative disc disease.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses at Mid-Coast Medical Group on July 14, 2009 and July 15, 2009 was denied as the preponderance of evidence did not show an emergency condition necessitating treatment.

The Veteran's diagnosed sleep apnea was not shown to be causally or etiologically related to his military service, or to his service-connected PTSD or diabetes mellitus, type II. The Board found that the Veteran's symptoms of bad dreams and nightmares were due to his service-connected PTSD.

The Board has determined that the Veteran's current sleep apnea began during his active duty service, and thus grants service connection for this condition.

The Veteran's service-connected tinnitus is already rated at the maximum allowable under the applicable rating criteria, and no higher rating can be granted. The RO has not provided a disability rating in excess of 10 percent for his bilateral hearing loss or follicular eczema.

The Board has decided to remand the case for further development and an examination, as there are conflicting opinions regarding the etiology of the Veteran's low back disability.

The Board has determined that the Veteran's sleep apnea is related to his service-connected PTSD and has granted service connection for this condition.

The Board found that the Veteran's spinal stenosis did not have onset during service, was not caused by his active service, and was not caused or aggravated by a service-connected condition. Therefore, the claim for service connection for spinal stenosis is denied.

The Board denied the Veteran's claims for service connection for a left knee disorder and sleep apnea, as well as his increased ratings for CAD and diabetes. The decision also noted that VA treatment records from May 2010 to August 2010 were not obtained due to the Veteran's private hospitalization.

The Veteran's appeal is being remanded for further development and consideration of his claim for service connection for sleep apnea, including as secondary to his service-connected diabetes mellitus.

The Veteran's service-connected orthopedic disabilities of the right foot, lumbar spine, and right knee affect a single body system (orthopedics) and combine to a 60 percent rating. The weight of the competent and probative evidence indicates that the Veteran as likely as not is prevented from obtaining and retaining substantially gainful employment due to his service-connected disabilities.

The Board has remanded the case due to the need for additional development, including obtaining medical opinions and records related to hearing loss, tinnitus, and sleep apnea.

The Veteran's appeal was dismissed due to the withdrawal of his claims by his authorized representative prior to a decision being made.