Sleep apnea decisions — 2013

The Veteran's appeal is being remanded for additional development to include obtaining VA medical records, verifying stressors, and scheduling a VA psychiatric examination.

The Veteran's appeal was not timely filed, and thus the Board lacks jurisdiction to consider his claims.

The Board has determined that the Veteran's obstructive sleep apnea did not have onset in service and was not caused or aggravated by his service-connected PTSD, thus denying his claim for service connection.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the current 10 percent ratings for his bilateral knee disabilities are appropriate.

The Board has granted service connection for sleep apnea, but denied the Veteran's claims of service connection for left arm and back disabilities. The Veteran does not have a current diagnosis of a left arm disability or a back disability that is related to his military service.

The Board found that the Veteran's sleep apnea was not incurred in or aggravated by his military service and did not result from his service-connected PTSD. The VA examiner concluded that there is no evidence of an in-service event to or injury that would result in upper airway obstruction leading to the diagnosis of sleep apnea.

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

The Veteran's claims for service connection for carpal tunnel syndrome of the wrists and sleep apnea are being remanded due to procedural issues, including a lack of copies of relevant documents in his file.

The Veteran's chronic lumbosacral strain was rated at 20 percent from May 28, 2005, and the Board denied a higher rating.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and determining if the Veteran receives worker's compensation benefits. The TDIU portion of his claim will also be addressed.

The Veteran's appeal has been withdrawn, and the Board is dismissing all issues on appeal.

The Board has determined that the VA examinations provided in connection with this appeal are not adequate for resolution of these claims and therefore, a new remand is required to ensure the Veteran is accorded adequate examinations.

The Veteran's claim for an increased rating for lumbosacral strain was withdrawn. The Board also found that no chronic respiratory disability was incurred in service and is not related to the Veteran's current condition.

The Board denied the Veteran's claims for service connection for various conditions, including hypertension, lumbar spine disorder, right and left knee disorders, cervical spine disorder, post-phlebitic syndrome (right and left lower extremities), skin disorder, and sleep apnea, all presumed to be due to Agent Orange exposure. The decision did not assign a rating or provide an effective date.

The Veteran's service-connected disabilities, other than PTSD, do not render him unable to secure or follow substantially gainful employment.

The Veteran seeks service connection for sleep apnea. The VA examiner found the condition unrelated to service, but noted that the Veteran had symptoms since service and provided continuity of symptomatology. The Board finds this inadequate and requests an addendum opinion.

The Board has remanded the case for further development and consideration of the Veteran's claims, including providing adequate notice on secondary service connection and obtaining additional VA examinations.

The Veteran's initial ratings for his service-connected knee and ankle disabilities have been denied as the evidence does not support a higher rating under applicable criteria.

The Board has remanded the case due to insufficient examination reports regarding whether service-connected diabetes mellitus caused or aggravated hypertension and sleep apnea.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination to assess the current severity of his service-connected lumbosacral strain with spondylolysis of L-5 and determining whether he is unemployable due to this disability. The case will also be reviewed in light of any new evidence obtained.