Sleep apnea decisions — 2013

The Board has decided to remand the case for additional development, including obtaining VA treatment records and determining if service connection may be granted.

The Veteran's claim for service connection for hearing loss was denied as he does not have a current disability. The claims for sleep apnea and psoriasis are pending.

The Veteran's low back disability is rated at 10 percent, and his left knee disability remains at 20 percent. The claims for higher ratings are denied.

The Veteran's sleep apnea was not manifested during service and is not due to active service. The Board finds that the preponderance of evidence does not support a finding that his current sleep apnea is related to service.

The Veteran's urticaria was rated at 10 percent prior to May 1, 2013 and higher than 10 percent thereafter. The Veteran's mixed tension and migraine headaches were rated at 30 percent since May 1, 2013. The Veteran's lumbosacral strain was not rated higher than 20 percent.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that his symptoms began during active duty and are related to his current condition.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a VA examination to determine the etiology of his claimed condition.

The Veteran's migraine headaches are rated at 50 percent disabling from May 27, 2011. The Board finds that the current rating adequately reflects her disability.

The Veteran's claims for service connection are being remanded due to the need for a video conference Board hearing. The issues include reopening of his sleep apnea claim, bilateral hearing loss, and tinnitus.

The case is REMANDED for a new VA medical examination to determine the nature and etiology of the Veteran's sleep apnea, including as secondary to his service-connected disabilities. The Veteran must be provided an opportunity to respond.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's sleep apnea had its clinical onset during his period of active service, and grants service connection for sleep apnea on a direct basis.

The Veteran's appeal is remanded for further development, including obtaining updated VA treatment records and scheduling a new VA examination to assess the severity of his service-connected lumbosacral strain, urinary incontinence, bowel incontinence, radiculopathy, sciatic and femoral nerves of the left lower extremity, and radiculopathy, sciatic nerve of the right lower extremity.

The Veteran's sleep apnea is considered to have had its onset during his military service, and the Board has granted service connection for this condition.

The Veteran has been granted service connection for hypertension, obstructive sleep apnea, and bilateral pes planus. The Board found that the evidence is at least in equipoise on whether these conditions were incurred during active service.,Obstructive sleep apnea was noted by the Veteran's former spouse who reported hearing him stop breathing while asleep during his time in service.

The Veteran's appeal for service connection for sleep apnea was withdrawn prior to the Board making a decision. The issues of asthma and ulcerative colitis are being remanded.

The Veteran's appeal is being remanded to the RO for a Board hearing before a Veterans Law Judge sitting at the RO. The issues of entitlement to an increased rating for radiculopathy of the left lower extremity and service connection for sleep apnea are pending.

The Veteran's service-connected conditions have been rated based on their current severity, with some issues receiving higher ratings than others. The overall disposition is denied for all claims.

The Board has granted the reopening of service connection for a lumbosacral spine disorder, including as secondary to a service-connected left hip disability. The issue of service connection for a right hip disorder was withdrawn prior to decision.

The Board has reopened the Veteran's claim for service connection for sleep apnea and finds that it is etiologically related to his military service, granting the claim.

The Veteran's degenerative disc disease of the lumbosacral spine was granted a 10 percent disability rating effective April 20, 2010. The rating for this condition has been increased to 40 percent from August 15, 2012.