Sleep apnea decisions — 2014

The Board denied the Veteran's claims for service connection for sexual dysfunction, lumbosacral strain, right knee strain, left knee strain, and special monthly compensation based on aid and attendance.

The Board has remanded the case for further development, including obtaining updated VA treatment records and arranging for a VA examination to assess the Veteran's lumbosacral spine disability. The TDIU claim is also inextricably intertwined with the increased rating claim.

The Board has determined that the Veteran's claim for service connection for sleep apnea is denied as there is no evidence of record indicating an earlier effective date prior to September 13, 2010.

The Veteran's eczema with rosacea is currently rated at 60 percent, which is the maximum rating available under the applicable diagnostic code. The Board finds that this rating adequately reflects the severity of the Veteran's condition.

The Veteran's type II DM, OSA, and ED are not found to be related to his service-connected disabilities.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) had its onset during his active service and is therefore granted service connection.

The Board has remanded the case due to incomplete development of records and failure to ensure substantial compliance with prior remands. The Veteran's hypertension, inguinal hernia, bilateral knee disorder, and sleep apnea claims are inextricably intertwined and must be addressed together.

The Veteran's current obstructive sleep apnea is found to have begun during his military service, and the Board grants service connection for this condition.

The Veteran's sleep apnea, left shoulder disability (other than cervical radiculopathy), and back disability (other than cervical spine) were not found to be related to service or a service-connected condition.

The Veteran's claims for service connection for left knee and left ankle disabilities have been reopened, but new evidence does not relate to an unestablished fact necessary to substantiate the claim.,Service connection has not been established for hearing loss or tinnitus as there is no current diagnosis of these conditions.

The Veteran's appeal is being remanded due to the absence of proper notice for a requested hearing, and he would like to be scheduled for a videoconference hearing at the RO in Des Moines, Iowa.

The Veteran's claim for PTSD was granted, as the evidence supports a finding that his symptoms are related to service.,Service connection was also granted for an acquired psychiatric disability other than PTSD, including obsessive compulsive disorder, anxiety, and depression. The Board found that the Veteran's in-service stressors were sufficient to cause such symptoms.

The Veteran's claim for service connection for a cervical spine condition was denied due to lack of evidence in service records and no new material evidence submitted.,Service connection for sleep apnea is not granted as it is less likely than not caused by or aggravated by PTSD.

The Veteran's service-connected disabilities are of such severity as to effectively preclude all forms of substantially gainful employment for which the Veteran's education and occupational experience would otherwise qualify him, thus meeting criteria for TDIU.

The Board determined that new and material evidence had been submitted to reopen the claim for service connection for retinitis pigmentosa. After reviewing all relevant evidence, including service records and post-service medical records, it was concluded that the Veteran's current condition of retinitis pigmentosa is a hereditary disease that existed prior to his entry into service but did not clearly and unmistakably exist as an active disease process prior to service. The Board found that the pre-existing condition did not worsen during service.

The Veteran's hypersomnia or excessive daytime sleepiness is found to be secondary to his service-connected dysthymic disorder.,Service connection for sleep apnea was denied as there is no evidence of its onset in service and it is not a chronic disease listed under 38 C.F.R. § 3.309.

The Veteran's PTSD is service-connected as it resulted from stressors experienced during active duty.,There is no evidence to support a connection between the Veteran's sleep apnea and vertigo with his service. The Board finds that these conditions are not related to his service.

The Veteran is service-connected for multiple disabilities and finds that he is unable to secure or follow a substantially gainful occupation as a result of his service-connected lumbosacral spine and left leg disabilities. Therefore, the Board grants a TDIU.

The Board has remanded the case for extraschedular consideration of the Veteran's claim for a higher rating for degenerative arthritis of the lumbosacral spine and for adjudication of his TDIU claim.

The Board is remanding the case for additional development, including obtaining service treatment records and VA treatment records. The Veteran will be scheduled for a new examination to determine if his back, right hip, and left hip disabilities are related to service.