Sleep apnea decisions — 2014

The Board has remanded the case for further development due to conflicting findings in a May 2013 VA examination report regarding limitation of motion and/or function following repetitive use testing.

The VA determined that the Veteran's current low back disorder is not related to his military service, and thus denied his claim for service connection.

The Board has determined that the Veteran's sleep apnea is at least as likely as not incurred in service, and thus grants service connection for this condition.

The Veteran's claims for service connection were denied multiple times, but the July 2009 rating decision granted them with an effective date of June 13, 2005. The Board determined that the effective date should be August 1, 1992, based on the receipt of official service treatment records from the service department.

The Veteran's degenerative disc disease of the lumbosacral spine is currently rated at 40 percent, effective February 28, 2007. His cervical strain with degenerative arthritis is rated at 20 percent.

The Board has remanded the case for further development due to an inadequate VA examination and for obtaining additional medical records. The appellant's need for aid and attendance is being evaluated.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a Decision Review Officer (DRO) hearing.

The Veteran's claims for service connection were denied across multiple conditions, including prostatitis, memory loss, refractive errors of the eye, wrist condition, sinus bradycardia, hypercholesterolemia, ischemic heart disease, PTSD, sleep apnea, left elbow scar, pseudofolliculitis barbae, right hand middle finger acquired deformity, bilateral peripheral retinal degeneration with dysfunctional tear syndrome and vitreous floaters, hypertension, and erectile dysfunction. The claims were denied as there was no competent evidence of a service connection for these conditions.

The Board has remanded the case for further development and an examination to determine if the Veteran's sleep apnea is related to his military service, including National Guard service. The Veteran will be provided with a supplemental statement of the case after any additional development.

The Board denied the Veteran's request for an effective date prior to March 1, 2009 for the grant of entitlement to service connection for sleep apnea. The earliest possible effective date is March 1, 2009.

The Veteran's appeal has been withdrawn, and his claims for increased ratings have not been decided by the Board.

The Board has remanded the issues on appeal due to a scheduling error, and the Veteran's videoconference hearing at the RO in Washington, DC is scheduled.

The Board found that the Veteran's chronic lumbosacral strain did not have its onset in active military service, arthritis did not manifest to a compensable degree within one year of service separation, and chronic lumbosacral strain has not otherwise been shown to be related to service.

The Veteran's service connection claim for sleep apnea is granted as the evidence is in equipoise regarding his in-service sinus problems and their relation to his current condition.

The Veteran's appeal for a higher rating for lumbosacral strain was granted, and service connection for leishmaniasis of the ears was established. The reduction in rating from 40 to 20 percent for lumbosacral strain is being restored.

The case is being remanded for further evidentiary development, including obtaining missing service treatment records and conducting VA examinations to assess the current severity of the Veteran's cervical spine disorder, lumbosacral strain, right knee disability, and right ear hearing loss.

The Board has determined that the Veteran's claimed conditions are not related to his service, including exposure in the Gulf War theater. The claims for service connection have been denied.

The Veteran's appeal is being remanded due to the need for a videoconference hearing. The issues of entitlement to increased ratings for left ankle disability and lumbosacral strain, as well as entitlement to a compensable rating for GERD, are pending.

The Board has decided that additional development is necessary due to the need for an examination to determine if the Veteran's sleep apnea is related to his service, including exposure to Agent Orange, and whether it is caused or aggravated by his service-connected diabetes.

The Veteran's claim for an increased rating for his lumbosacral spine arthritis, intervertebral disc syndrome, lumbar scoliosis, and degenerative disc disease is being remanded due to the need for additional medical examination.