Sleep apnea decisions — 2013

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and scheduling a new VA examination to address the issues of service connection for right hip disorder and sleep apnea.

The Veteran's service-connected conditions have rendered him in need of regular aid and attendance, requiring assistance with daily activities such as dressing, grooming, bathing, preparing meals, managing medications, toileting, transfers, and attending to the needs of nature. The Board has granted SMC based on the need for regular aid and attendance.

The Board denied the Veteran's claims for service connection for type II diabetes mellitus, erectile dysfunction, gastrointestinal disorder, spine disability, and sleep apnea as due to an undiagnosed illness.

The Veteran's bilateral hip disability, including arthritis of the hips, is caused by or increased in severity beyond the natural progress of the disease due to service-connected bilateral femoral neck stress fractures. Service connection for this condition is granted.

The Veteran's claims for increased ratings and service connection were denied. The criteria for an increased rating under the applicable diagnostic codes were not met.

The Veteran's claims for service connection for various skin and bone disorders, as well as diabetes mellitus, were denied. The Board found that there was no persuasive scientific or medical evidence suggesting a link between the claimed conditions and any alleged radiation exposure during military service.

The Veteran's initial ratings for bronchitis and lumbosacral strain were granted, with the Bronchitis receiving a rating of 10 percent effective January 13, 2009. The Veteran was also awarded TDIU from May 9, 2002 to April 5, 2005.

The Board denied the Veteran's claims for service connection for hearing loss and sleep apnea, as well as his claim for an increased rating for PTSD. The Board found that there was no evidence of chronic hearing loss in service or continuity of symptomatology after service, and thus could not establish service connection based on direct service connection. For sleep apnea, the appeal is pending and remanded.

The Board has determined that the Veteran's sleep apnea is etiologically related to his active service, and therefore grants the claim for service connection.

The Board has determined that the Veteran's currently diagnosed obstructive sleep apnea is permanently increased in severity as a consequence of his service-connected PTSD, warranting service connection for this condition.

The Veteran's claims for service connection for obstructive sleep apnea, initial rating for asthma, and TDIU were denied. His sinusitis with nasal septum defect claim resulted in a 30% rating.

The Board found that the Veteran's current low back disabilities were not related to his service, and thus denied his claim for service connection.

The Board denied the Veteran's claims for service connection for sleep apnea, finding that there is no evidence of a current disability during or related to his military service and that it is less likely than not caused by his service-connected allergic rhinitis.

The Veteran's disability picture prior to May 11, 2010 was of the same severity as his disability picture during the period from May 11, 2010. The Board found that a 40 percent rating is warranted for both periods.

The Board has reopened the claim of service connection for the cause of the Veteran's death and finds that new and material evidence has been received. The case is now remanded to the AOJ for further consideration.

The Veteran's claim for an effective date earlier than March 18, 2008, for the grant of service connection for lumbosacral strain is denied. The RO has already assigned the earliest possible effective date provided by law.

The Board denied the Veteran's claims of reopening his pes planus and lumbosacral strain service connection claims, as well as his claim for heart disease. The left shoulder disability claim was also denied.

The Board denied the Veteran's claims for service connection for restricted airway disease, obstructive sleep apnea (OSA), and gastroesophageal reflux disease (GERD). The evidence did not support a finding of current diagnoses or a link to service.

The Veteran has effectively lost the use of both lower extremities due to his service-connected degenerative disc disease of the cervical spine and degenerative arthritis of the lumbosacral spine, which precludes him from using his legs without assistance. As a result, he is eligible for specially adapted housing but not for a special home adaptation grant.

The Veteran's combined initial rating for service-connected disabilities was granted effective from September 20, 2001 and increased to a combined 100 percent rating effective from October 10, 2007. The appeal is denied as the claimant has not provided evidence of unemployability due solely to service-connected disabilities prior to this date.