Sleep apnea decisions — 2014

The Board has decided to remand the case for further development, including obtaining medical records and conducting a VA examination. The Veteran's claim for service connection for obstructive sleep apnea will be reconsidered after these steps.

The Board has determined that the Veteran's rosacea is attributable to service and grants service connection for this condition.

The Board denied the Veteran's claim for service connection for a back disability, finding no evidence of chronic disability in service or within one year post-service. The Veteran's current condition is not linked to her military service.

The Board found that the Veteran's current diagnosis of sleep apnea did not represent a progression of symptoms from service, and thus denied service connection.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's current condition originated during his military service. The claim of service connection for night sweats is remanded due to insufficient evidence regarding its etiology.

The Veteran requested withdrawal of the appeal regarding his claim for service connection for sleep apnea, which is currently before the Board. The appeal has been dismissed as a result.

The Board denied the Veteran's claims for higher ratings for his cervical and lumbar spine disabilities, service connection for bilateral hearing loss, and left upper extremity neurological disability. The appeals were dismissed due to lack of merit.

The Veteran's combined service-connected disability rating is 50 percent, which does not meet the criteria for a TDIU as per VA regulations. The Board finds that the Veteran is not unemployable due to his service-connected disabilities and therefore denies the claim.

The Veteran's claims for service connection for sleep apnea and PTSD have been denied as there is no evidence of a current disability or link to active duty service.

The Board found that the evidence received since the November 2005 rating decision is not new and material, and does not serve to reopen the claim for service connection for sleep apnea.

The Board denied the Veteran's claims for increased ratings for his right and left ankle disabilities, as well as service connection for a disability claimed as left leg pain. The evidence did not support these claims.

The Veteran's claims of service connection for hypertension, erectile dysfunction, and sleep apnea were denied. The claim for an initial compensable rating for bilateral hearing loss was also denied.

The Board has reopened the Veteran's claim for service connection for a respiratory disorder other than COPD, finding that new and material evidence has been received. The appeal will now be considered on its merits.

The Veteran's sleep apnea was not granted, but his PTSD remains service-connected and rated at 70 percent. The decision is mixed as it grants one condition (PTSD) while denying the other (sleep apnea).

The Board has determined that the Veteran's sleep apnea was incurred during service, resolving reasonable doubt in his favor.

The Veteran's claim for increased ratings for his service-connected lumbosacral strain, urinary incontinence, bowel incontinence, radiculopathy of the left and right lower extremities was granted. The Veteran is currently rated at 40 percent for lumbosacral strain, with no other compensable evaluations assigned.

The Board has determined that the Veteran does not have any of the claimed conditions related to his active duty service.

The Board has determined that the Veteran's neurological disabilities, including peripheral neuropathy and PAN, are not service-connected due to lack of evidence showing a direct relationship between his active duty service and these conditions.

The Veteran's appeal is being remanded for further examination to determine if his orthopedic appliances cause wear or tear on his clothing, as he claims they do.

The Board has determined that the evidence is in equipoise regarding whether the Veteran's sleep apnea was incurred during his active duty service. Therefore, service connection for sleep apnea is granted.