Sleep apnea decisions — 2013

The Veteran's appeal is being remanded due to scheduling issues for a Travel Board hearing. Service connection claims for pancreatic cancer and sleep apnea are pending.

The Board has granted service connection for sleep apnea and gout, finding that the Veteran's symptoms were present during active service. The neurological conditions of the upper and lower extremities are being remanded for further development.

The Veteran's claims for increased ratings and earlier effective dates were denied. The Board found that the criteria for these benefits had not been met throughout the appeal period.

The Board has granted service connection for sleep apnea, finding that the signs and symptoms of the Veteran's current sleep apnea were manifested during active service.

The Veteran's appeal is remanded for additional examinations and development of his employment history. The TDIU issue will be reviewed by the Under Secretary for Benefits or Director of Compensation and Pension Service to determine if an extra-schedular evaluation is warranted.

The Board has determined that additional examinations and evidence are needed to properly adjudicate the Veteran's claims, including for service connection.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms were initially manifested during active service and supported by credible statements from fellow soldiers. Service connection is denied for bruxism.

The Veteran's lumbosacral strain is currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's claims for initial compensable evaluations for fibromyalgia and sleep apnea are being remanded due to the need for additional examinations.

The Board granted a 40 percent rating for the Veteran's lumbosacral strain with spondylolysis of L5 and spondylolisthesis, effective from April 23, 2013. The Veteran was previously rated at 20 percent prior to that date.

The Veteran's service-connected sleep apnea and hepatitis C disabilities are found to prevent him from securing and following substantially gainful employment, warranting a TDIU rating on an extraschedular basis.

The Board found clear and unmistakable evidence that the Veteran's lumbosacral disability preexisted service, and was not aggravated by service. As a result, the claim for service connection is denied.

The Board has determined that the Veteran's hepatitis C and sleep apnea syndrome are not service-connected, with no causal link to his military service.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a VA examination.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and a new VA examination to address the etiology of the Veteran's hypertension. The issue of service connection for sleep apnea is also being remanded for issuance of a Statement of the Case.

The Veteran's appeal is being remanded due to the need for a videoconference Board hearing on his service connection claim for sleep apnea and increased rating claims for lumbar sprain and right knee patellar tendonitis.

The Veteran's chronic lumbosacral strain and arthritis have been rated at 10% each. The increased rating to 20% for the lumbosacral strain is granted, as it meets the criteria for a 20% rating based on forward flexion of less than 60 degrees.

The Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation consistent with his education and work experience.

The Veteran's appeal is being remanded to obtain additional medical records and for further examinations. The issues of entitlement to initial evaluations in excess of 10 percent for post-operative left hip disorder, left knee disorder, scar from cervical spine surgery, right ear hearing loss, and sleep apnea are the main points of concern.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's obstructive sleep apnea is proximately due to his service-connected diabetes mellitus, type II. Therefore, service connection for obstructive sleep apnea is granted.