Sleep apnea decisions — 2013

The Board has determined that the Veteran does not have a diagnosed respiratory disorder, bilateral shoulder arthritis, fatigue syndrome, tension headaches, or sleep apnea. Therefore, service connection for these conditions is denied.

The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation, warranting a TDIU rating.

The Veteran's appeal is being remanded due to the need for further adjudication of a CUE claim and the issuance of a statement of the case regarding service connection issues.

The Veteran's claim for an increased evaluation in excess of 20 percent for lumbosacral strain is being remanded due to the need for a new VA examination and additional development related to her FMLA leave request.

The Veteran's skin disability, including chloracne and other conditions like Rosacea, actinic keratoses, strawberry H, and seborrheic keratoses, is not service-connected due to lack of evidence showing a connection to his Vietnam-era exposure to herbicide agents.

The Veteran's appeal is remanded for a VA examination to address the medical matters presented by his claim of service connection for sleep apnea, including whether it is at least as likely as not that his sleep apnea was caused or aggravated by his service-connected sinusitis or rhinitis.

The Board has determined that the Veteran's service-connected PTSD aggravated his nonservice-connected obstructive sleep apnea, warranting service connection for the condition.

The Veteran's claim for service connection for sleep apnea is being remanded due to the inadequacy of a previous VA examination and the need for further medical opinion regarding the etiology of his condition.

The Board has determined that the Veteran's sleep apnea is at least as likely as not related to his service, specifically his in-service sleep problems. Therefore, the claim for service connection for sleep apnea is granted.

The Veteran's low back disability was rated at 10 percent prior to January 28, 2013 and at 20 percent since then. The appeal is denied as the disability does not meet or approximate the criteria for a higher rating under the applicable diagnostic codes.

The Board found that the Veteran's obstructive sleep apnea did not have its onset during military service and is not otherwise etiologically related to his service, nor has it been caused or aggravated by his service-connected PTSD.

The Veteran's TDIU claim is remanded for additional examinations and development of his service-connected disabilities, including the effects on his employment. The RO must also adjudicate any increased rating claims related to his service-connected disabilities.

The Veteran's appeal is being remanded due to the need for a hearing before a third Veterans Law Judge who will participate in the panel decision.

The Board found that the Veteran's sleep apnea was not incurred or aggravated during his active service and denied his claim for service connection.

The Veteran's claim for an increased evaluation for his service-connected lumbosacral strain is being remanded due to the need for a new VA examination and additional development of the record.

The Veteran's claims for service connection for sleep apnea and a right eye disorder are being remanded due to the need for additional examinations to determine their etiology.

The Board has determined that a new examination and medical opinion are necessary to properly adjudicate the Veteran's claim for service connection of his lumbosacral spine strain with degenerative changes. The current examination report is inadequate as it did not consider all of the Veteran's history or complaints, including continuous low back pain since an in-service injury.

The Board has remanded the case for additional development, including obtaining Social Security Administration (SSA) disability benefit determinations and relevant VA treatment records from the Milwaukee VAMC. A VA spine examination is also scheduled.

The Veteran's claims for increased ratings for his service-connected low back strain and post-herpetic neuralgia of the right axilla and right lateral chest were denied as there was no evidence to support a higher rating under the applicable VA rating criteria.

The Veteran's appeal is being remanded to obtain updated VA treatment records and arrange for a VA examination. The issues of entitlement to an increased rating for lumbosacral strain with sacroilitis of both sacroiliac joints, TDIU, and service connection for ankylosing spondylitis are also being addressed.