Sleep apnea decisions — 2013

The Veteran withdrew his appeals for increased disability ratings for allergic rhinitis and service connection for obstructive sleep apnea prior to the Board's decision.

The Veteran's sleep apnea, hallux valgus of the left foot, and bilateral pes planus with plantar fasciitis have been granted service connection. The Veteran is currently rated at 10 percent for his hallux valgus of the left foot since January 3, 2012, and a higher rating is not warranted. His bilateral pes planus has also been granted a compensable evaluation.

The Veteran's service connection claims for cervical and lumbar spine disorders are granted. The Board also dismissed the appeals for the issues of entitlement to service connection for crush injuries of the third and fourth fingers of the right hand.

The Veteran's appeal is being remanded to obtain additional medical records and determine the etiology of his sleep apnea. The claims for diabetes mellitus, type 2 and coronary artery disease are inextricably intertwined with the claim for service connection for sleep apnea.

The Veteran's service-connected hepatitis C and sleep apnea prevent him from engaging in substantially gainful employment, but the VA examiner opined that he could perform light and sedentary work at times when not having episodes due to hepatitis C. The case is referred for consideration of an extraschedular TDIU rating.

The Veteran's appeal has been withdrawn by the appellant in July 2013.

The Veteran's lung disorders, including obstructive sleep apnea, interstitial fibrosis, pneumonia (resolved), and COPD, are being remanded for further development to determine if they are related to his military service.

The Veteran's appeal is mixed, with some issues granted and others not. The Board has dismissed the issue of whether new and material evidence was received to reopen a claim for service connection for a left ankle disability due to withdrawal by the Veteran. Service connection for a low back disability remains pending.

The Board has granted service connection for obstructive sleep apnea and IBS, finding that these conditions are related to the Veteran's service-connected PTSD.

The Veteran's appeal is remanded due to insufficient medical evidence on the association between his service-connected PTSD and sleep apnea. The case will be reconsidered after an additional examination.

The Veteran's diabetes mellitus, type II, is service-connected.,His peripheral neuropathy of the right and left lower extremities, with foot ulcers and Charcot joint disease, is also service-connected as secondary to his diabetes mellitus, type II.,His peripheral neuropathy of the upper extremities, right and left, is also service-connected as secondary to his diabetes mellitus, type II.,His peripheral vascular disease of both lower extremities is also service-connected as secondary to his diabetes mellitus, type II.,His diabetic retinopathy is not service-connected.,His sleep apnea is not service-connected.

The Board denied the Veteran's claims for service connection for sleep apnea and a left foot disorder, finding no evidence of in-service injury or disease related to these conditions.

The Veteran's appeal for a total disability rating based on individual unemployability due to service-connected disabilities was denied by the Board of Veterans' Appeals.

The Veteran's current diagnosis of moderate obstructive sleep apnea is related to his military service, and the Board grants service connection for this condition.

The Board has reopened the Veteran's claim and granted service connection for sleep apnea, finding that new evidence supports a finding of in-service onset.

The Board finds that the Veteran's low back disability is related to service and grants service connection for disc disease of the lumbosacral spine.

The Veteran's service connection claim for obstructive sleep apnea and an acquired psychiatric disorder, to include PTSD, is granted. The Board finds that the Veteran has a current diagnosis of sleep apnea related to her service-connected disabilities.

The Board finds that the Veteran's substantive appeal was timely filed, and thus the claims for service connection for sleep apnea, herniated disc, and to reopen the issue of asthma are granted.

The Board has remanded the case for further development, including scheduling a VA dermatology examination and implementing directives from previous remands. The Veteran's service connection claim for a skin disorder remains pending.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.