Sleep apnea decisions — 2013

The Veteran's sleep apnea was manifested during his active duty service and the Board has granted service connection for this condition.

The Board has determined that the Veteran's sleep apnea either had its onset during service or was aggravated by his periods of active duty for training (ACDUTRA). The decision grants service connection for sleep apnea.

The Veteran's appeal for an earlier effective date for tinnitus was dismissed as a freestanding claim, not related to the reopening of his service connection claim.

The Board found no current disability of hypertension or sleep apnea during the appeal period and denied service connection for these conditions as they are not related to service.

The Board has remanded the Veteran's claim for service connection for a skin disorder, including rosacea, due to ionizing radiation exposure in service. The case is now pending and will be reviewed again after additional medical opinions are obtained.

The Veteran's service-connected lumbosacral degenerative disc disease is currently rated at 10 percent, and the claim for an initial evaluation in excess of 10 percent has been denied.

The Veteran's service-connected lumbar spine, right knee, and left lower extremity conditions have been rated as appropriate based on the severity of his symptoms.

The Board has granted service connection for posttraumatic stress disorder. The claims of service connection for depression, a disability manifested by breathing difficulty to include sleep apnea, and residuals of a fractured nose are remanded for further development.

The Veteran's obstructive sleep apnea is found to be service-connected, with the condition believed to have been caused by an undiagnosed illness during his military service.

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

The Veteran's claims for higher ratings for allergic rhinitis and asthma were denied. The Board found that the evidence did not support a compensable evaluation for allergic rhinitis or a rating in excess of 30 percent for asthma.

The Board has reopened the Veteran's claim for service connection of sleep apnea. The rating for hypertension is granted at a 10 percent evaluation, and the ratings for Graves' disease, rhinitis, and hemorrhoids are denied.

The Veteran's sleep apnea is currently rated at 50 percent, effective the day following his discharge from service. The Board found that a higher rating was not warranted based on the evidence of record.

The Veteran withdrew his appeal for increased ratings for cervical spine disability, lumbosacral strain, and left and right carpal tunnel disabilities prior to the Board's decision.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and conducting VA examinations to address the claims of service connection for a skin disorder, respiratory disability, and sleep apnea.

The Veteran's lung disorder, including asbestosis, chronic obstructive pulmonary disease, and chronic obstructive sleep apnea, is being remanded for further development to determine if it is related to his military service or exposure to asbestos.

The Veteran's claims for service connection for sleep apnea, increased rating for GERD, and a compensable rating for bilateral foot disability were denied. The Board found that the evidence did not support a finding of in-service incurrence or aggravation of these conditions.

The Board finds that the Veteran's current sleep apnea manifested in service and grants service connection for this condition.

The Board has dismissed the appeal due to the appellant's withdrawal of all pending issues.

The Board has remanded the issues of service connection for the residuals of a tonsillectomy and sleep apnea due to inadequate reasoning provided by the May 2011 VA examiner, and because these issues are inextricably intertwined.