Sleep apnea decisions — 2013

The Veteran's claim for service connection for bilateral hearing loss disability and a low back disability was denied as there is no evidence of hearing impairment or a low back disorder during service, and the current disorders are not related to service.

The Board has determined that the Veteran's obstructive sleep apnea had its onset in service and grants service connection for this condition.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disability is being remanded for additional development, including obtaining Social Security Administration records and clarifying the nature of his 'work study' program with VA.

The Board has remanded the Veteran's claims for an initial disability rating in excess of 10 percent for service-connected thoracolumbosacral strain and cervical spine strain due to failure to comply with a previous remand directive.

The Veteran's claim for an increased rating for lumbosacral radiculopathy was denied, and the assignment of an effective date prior to December 16, 2003 for TDIU was also denied. The case is pending further review by the Compensation Director.

The Veteran's claim for an earlier effective date of a TDIU is being remanded due to the need for additional development, including obtaining Social Security Administration records and VA Vocational Rehabilitation file.

The Board has granted a rating of 40 percent for the service-connected left sciatic neuritis from July 23, 2009 to October 22, 2011. The Veteran's symptoms have been characterized by radiating pain and weakness in his left leg.

The Veteran seeks service connection for sleep apnea. The case is being remanded due to the need for additional development of the evidence, including obtaining medical records and scheduling a VA examination.

The Board has remanded the case for further development, including obtaining medical records and attempting to obtain SSA disability benefits records. The Veteran's claim for a higher rating for his lumbosacral strain is being remanded for an additional VA examination.

The Board has remanded the case for additional development to ensure compliance with its December 2010 remand instructions, including consideration of a private medical opinion and lay statements submitted by the Veteran.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain is being remanded due to the need for additional medical examination and treatment records.

The Board has granted service connection for left foot pain, which is considered a qualifying chronic disability due to undiagnosed illness or other qualifying chronic disability. The Veteran's scars of the upper back and sleep apnea are also found to be related to his military service.

The Veteran's claim for an initial evaluation in excess of 10 percent for hypertension associated with diastolic dysfunction is pending. The Board has not addressed this issue as it is marked as 'unknown'.,The Veteran's claim to reopen his service connection claim for bipolar disorder was granted, and the Board found that there is clear and unmistakable evidence showing that bipolar disorder existed prior to service but did not find any clear and unmistakable evidence of its aggravation during service. Therefore, service connection for bipolar disorder has been established.,The Veteran's claim for service connection for sleep apnea, which was secondary to his service-connected coronary artery disease and hypertension, is granted.

The Board has determined that the Veteran's right arm paresthesias, seborrheic keratoses, and sleep apnea are at least as likely as not related to his service-connected myasthenia gravis. The decision is mixed due to the presence of these conditions.

The Veteran's claim for an initial rating higher than 50 percent for sleep apnea with asthma is being remanded due to the need for additional development, including obtaining VA treatment records and a new VA examination.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need for a VA examination to determine if his current OSA had its onset during service or is otherwise causally related to any event or circumstance of his active service.

The Veteran's sleep apnea, diabetes mellitus type II, and hypertension are all found to be service-connected. The diagnoses of these conditions were made during active duty service.

The Board denied an initial disability rating higher than 0 percent for a right cheek scar residual to excision of a basal cell carcinoma, finding that the scar did not meet the criteria for any compensable rating under Diagnostic Code 7800.

The Board found that the Veteran's obstructive sleep apnea did not manifest during service and was not caused or permanently aggravated by a service-connected disability. As such, the claim for service connection is denied.

The Veteran's appeal is being remanded due to the need for a Board hearing. Service connection claims for chronic fatigue syndrome, sleep apnea, and hypertension are pending.