Sleep apnea decisions — 2013

The Board has granted service connection for a low back disability and awarded an initial 10 percent rating for bilateral pes planus effective from August 2, 2010.

The Veteran's service-connected arthritis of the lumbosacral spine and hemorrhoids do not render him unemployable due to their combined effect, as his disabilities are not severe enough to prevent him from engaging in substantially gainful employment.

The Board denied the Veteran's claims for service connection for severe sleep apnea and other conditions, finding that there was no evidence of a current disability during service or at any time thereafter. The Veteran's post-service treatment records do not establish continuity of symptomatology.

The Veteran's appeal is being remanded for additional examinations and to obtain recent VA treatment records. The case will be readjudicated after these actions.

The Board denied the Veteran's claims for service connection for a chronic low back disability and a chronic prostate disorder, finding that there was no evidence of in-service injury or disease related to these conditions. The examiner opined that it is less likely than not that the current disabilities are linked to his military service.

The Board has found that the Veteran's sleep apnea is service-connected, resolving all reasonable doubt in his favor. The claim for an initial compensable rating for hypertension remains pending and will be remanded to the RO.

The Board has determined that additional development is needed, including obtaining the appellant's Social Security Administration records and scheduling a VA examination to determine if his sleep apnea and respiratory disabilities are related to service exposure to asbestos. The case will be remanded for these actions.

The Veteran's sleep apnea is found to be related to his active duty service, and the claim for service connection is granted.

The Board has determined that the Veteran's substantive appeal was timely filed, and thus his appeals for increased ratings and service connection are granted.

The Veteran's appeal includes claims for increased ratings and service connection, as well as a TDIU claim. The Board has ordered additional development to obtain medical records and VA examinations.

The Board denied the Veteran's claims for secondary service connection for obstructive sleep apnea as related to his service-connected chronic bronchitis and increased ratings for chronic bronchitis. The Board found that there was no probative evidence of a direct relationship between the Veteran's obstructive sleep apnea and his service-connected chronic bronchitis, and also determined that the Veteran did not meet the criteria for an increased rating prior to January 29, 2008 or from January 29, 2008 to October 21, 2009.

The Board has determined that the Veteran's current low back strain, scoliosis, and rotoscoliosis are related to his active service.

The Board finds that the Veteran's sleep apnea is related to his active duty service and grants service connection for this condition.

The Board has granted service connection for degenerative disc disease of the lumbar spine, right knee disorder, diabetes mellitus, and sleep apnea. Service connection for hypertension was not established.

The Veteran's epidermolysis bullosa is productive of monthly painful blisters on the heels of her feet, which are analogous to scars that are unstable or painful. The criteria for a 10 percent rating under Diagnostic Code 7815 have been met.

The Veteran's claim for service connection for asbestosis was granted with an effective date of May 24, 2011. Service connection for polyarteritis nodosa was denied.

The Veteran's appeal is being remanded for further development, including obtaining SSA records and scheduling a VA examination to assess his employability due to service-connected disabilities. The claim of secondary service connection for anxiety reaction will also be considered.

The Board has determined that the Veteran's sleep apnea is not related to his service or asbestos exposure, and therefore denied the claim for service connection.

The Board found that the Veteran's sleep apnea did not manifest during active military service and is not otherwise related to a disease, injury, or event during service. Therefore, the claim for service connection for sleep apnea was denied.

The Board denied service connection for a cervical spine disorder and sleep apnea, finding that the preponderance of evidence did not support these claims. The Veteran's cervical spine disorder was not shown to have had its onset during active service or be related to his military service. Sleep apnea is also not supported by the evidence as there is no diagnosis in the record.