Sleep apnea decisions — 2013

The Veteran's claims of entitlement to service connection for sleep apnea and a compensable rating for sinusitis are being remanded due to the need for additional development, including VA examinations.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional development, including obtaining VA medical records and scheduling a VA examination.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need for a new VA examination to determine if his current condition is related to his in-service symptoms, including nocturia.

The Board granted an effective date of October 4, 2001 for the increased rating of 60 percent for residuals of a lumbar spine injury to include DDD.

The Board denied the Veteran's claim for a total disability rating based upon individual unemployability (TDIU) due to her service-connected lumbosacral strain and sciatica.

The Board found that the Veteran's sleep disability is not service-connected and denied his claim, concluding that it was not caused or aggravated by a service-connected condition.

The Board found no evidence of more than slight instability in the Veteran's knees, resulting in a denial for higher initial ratings. The asthma was rated appropriately at 30 percent.

The Board found that the Veteran's obstructive sleep apnea is not directly related to his service-connected respiratory disability and denied the claim for service connection.

Service connection for a bilateral foot disorder (plantar fasciitis) is denied as there is no evidence of such condition in service or related to service.,Service connection for sleep apnea is granted as it was established during active duty and is not otherwise related to service.

The Board has remanded the case for clarification of the opinion regarding the etiology of the Veteran's sleep apnea, specifically addressing whether his medications and service-connected disabilities have caused or aggravated his sleep apnea.

The Veteran's appeal is being remanded due to the need for additional examinations and assessments of his current disabilities, including lumbar spine, bilateral shoulder, left ankle, bilateral knee, and sleep apnea.

The Veteran's obesity is aggravated by his service-connected left knee disability.,The Veteran's patellar tendonitis of the right knee is proximately due to his service-connected left knee disability.,The Veteran's sleep apnea is proximately due to his obesity.

The Board has reopened the Veteran's claims for service connection for right and left ankle disabilities, as well as sleep apnea. However, these claims are still pending as further development is needed to determine if service connection should be granted.

The Veteran's appeals for hypertension, sleep apnea, and skin disorder have been withdrawn. The remaining claims of service connection for an acquired psychiatric disorder (to include depression and PTSD), pancreatitis, and diabetes mellitus are remanded.

The Board has granted service connection for hypertension and coronary artery disease (CAD) as secondary to hypertension. Obstructive sleep apnea is addressed in the REMAND portion of this decision.

The Board found that the evidence does not support a finding of service connection for obstructive sleep apnea or dementia secondary to obstructive sleep apnea.

The Board denied the moving party's claim of clear and unmistakable error in the December 2005 rating decision, which denied service connection for a congenital variant lumbosacral junction. The Board also determined that there was no new and material evidence to reopen the claim.

The Board has determined that the Veteran's claimed conditions are not service-connected, with no evidence of a direct connection to his military service or any service-connected disability.

The Veteran's OSA was granted a rating of 50 percent effective March 29, 2011. The issues regarding service connection for neck and thoracolumbar spine disorders were resolved in favor of the Veteran.

The Veteran's appeal is being remanded for scheduling a videoconference hearing before the Board of Veterans' Appeals.