Sleep apnea decisions — 2013

The Veteran's appeal has been withdrawn due to his request for withdrawal of the issue of service connection for obstructive sleep apnea.

The Board has found that the Veteran had symptoms of obstructive sleep apnea during service and since separation, and his testimony and statements from his former spouse support this finding. The evidence is at least in equipoise as to whether these symptoms began during service. Therefore, the claim for service connection for obstructive sleep apnea is granted.

The Board denied the Veteran's claims of entitlement to service connection for chronic sleep apnea and fibromyalgia, finding that there was no competent medical evidence to support these claims. The right elbow disorder claim is also addressed.

The Veteran's service-connected cervical and lumbosacral spine disabilities have been rated based on their functional impairment, with no evidence of incapacitating episodes or neurological abnormalities. The current range of motion does not meet the criteria for a compensable rating under either the General Rating Formula for Diseases and Injuries of the Spine or the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.,The Veteran's service-connected cervical and lumbosacral spine disabilities have been rated based on their functional impairment, with no evidence of incapacitating episodes or neurological abnormalities. The current range of motion does not meet the criteria for a compensable rating under either the General Rating Formula for Diseases and Injuries of the Spine or the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.

The Veteran's claims for increased evaluations and service connection were denied. The Board found that the evidence did not support granting any of the requested ratings or benefits.

The Veteran's service connection claim for obstructive sleep apnea-hypopnea syndrome is granted as the Board finds that there is at least an approximate balance of positive and negative evidence related to whether his condition had its onset during active duty.

The Veteran's current obstructive sleep apnea is related to service, and the Board finds that service connection for this condition is granted.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a new VA examination and consideration of outstanding VA treatment records.

The Veteran's sleep apnea was not service-connected, but he is now eligible for a TDIU rating based on his combined disability rating of 70%.

The Veteran's diabetes mellitus is currently rated at 20 percent, and the Board finds that a higher evaluation is not warranted.

The Veteran's claim for service connection for polyarteritis nodosa, to include as due to herbicide exposure, is being remanded for scheduling a videoconference hearing before the Board of Veterans' Appeals.

The Board has determined that the Veteran does not have a current disability for any of the conditions he claims, and therefore service connection is denied.

The Veteran's claim for higher ratings for lumbosacral degenerative disc disease is being remanded due to the need for additional examination and development of evidence.

The Veteran's appeal is being remanded due to the need for a Board videoconference hearing. Service connection will be determined based on the merits of the claims.

The Veteran claims that his sleep apnea is secondary to his service-connected PTSD. The case is being remanded for a VA physician to provide an opinion on the relationship between the Veteran's sleep apnea and his service-connected PTSD.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the inadequacy of the VA examination and the need for additional evidence, including private treatment records.

The Board has remanded the case for a new VA examination and further development of the record, including obtaining any further VA treatment records from July 2012 forward. The Veteran's claim for service connection for obstructive sleep apnea will be reconsidered based on the additional evidence.

The Veteran seeks service connection for a back condition, which he claims is secondary to his service-connected right tibia and fibula fracture with severe loss of motion in the ankle. The case has been remanded due to insufficient medical opinion regarding whether the low back disorder is caused by or aggravated by the service-connected ankle disability.

The Board denied the Veteran's claims of service connection for various conditions, including pseudofolliculitis barbae, skin rashes of the head and face, respiratory disorder, chronic headaches, right shoulder disorder (claimed as skin/nerve movements), ear disorder (claimed as ear aches, diagnosed as otitis externa), sleep disorder (claimed as insomnia/hypersomnia, diagnosed as sleep apnea), and vision problems. The Board found no objective evidence of these conditions during service or since service that could be attributed to an undiagnosed illness or medically unexplained multisymptom illness.

The Veteran's unauthorized medical expenses incurred at Fawcett Memorial Hospital from February 22-27, 2013 are now authorized for payment due to the emergent nature of his condition and the unavailability of VA facilities.