Sleep apnea decisions — 2014

The Veteran's claim for service connection for sleep apnea, to include as secondary to his service-connected sinusitis, is being remanded due to the need for a VA medical opinion regarding the etiology of the Veteran's sleep apnea and whether it is related to military service or caused by his service-connected sinusitis.

The Veteran's GERD and left ear hearing loss have been granted service connection.,Service connection has also been established for sleep apnea. The Board found that the evidence is at least in equipoise on whether erectile dysfunction is related to active service.

The Board has determined that additional medical opinions are needed to address the Veteran's claims for service connection for obstructive sleep apnea and sinusitis. The case is therefore being remanded for further development.

The Veteran's claim for service connection for sleep apnea, to include as secondary to her service-connected narcolepsy, is being remanded due to the need for additional development and an updated medical opinion.

The Board has remanded the case due to an equipment malfunction during a prior hearing, and the Veteran is requested to provide a new travel board hearing.

The Veteran's current diagnosed obstructive sleep apnea is related to his third period of active service, and the Board finds it at least as likely as not that he incurred this condition during his deployment in Iraq.

The Board has remanded the case for a hearing before a Veterans Law Judge of the Board via video conference at the RO. The Veteran's appeal is currently in process and will be handled expeditiously.

The Veteran's back disability is service-connected, and he was granted a compensable initial evaluation for his bilateral hearing loss prior to November 4, 2010. From that date forward, the Veteran's hearing loss has been rated as 20 percent disabling.

The Veteran's eczema, a skin disease, is found to be related to service and granted service connection. The issue of whether new and material evidence has been received to reopen the claim for bilateral hearing loss was withdrawn by the Veteran. Service connection for sleep apnea (a sleep disability) is granted.

The Veteran's lumbar strain has not been found to warrant a higher rating as his symptoms do not meet the criteria for any of the higher ratings under the applicable VA Rating Schedule.

The Board denied service connection for lumbosacral and cervical spine disabilities, as well as right hand and arm disability. The Veteran's claims were based on direct evidence of a relationship between his in-service injuries and current conditions.

The Board has determined that the preponderance of evidence is against a finding that the Veteran's current hearing loss, heart disease, hypertension, vertigo, or lung disease manifested during active duty service or in the year after separation from active duty service; or is related to exposure to radiation during service. Therefore, these claims for service connection are denied.

The Veteran's appeal is being remanded for additional medical clarification regarding her service-connected lumbosacral strain and its relationship to her degenerative disc disease. The case will be returned to the Board after further development.

The Veteran's service-connected post-TKR left knee disability is rated at 60 percent, meeting the criteria for a TDIU rating as his only service-connected disability. However, there is no evidence to support service connection for a low back disability secondary to the service-connected left knee disability.

The Veteran's lumbosacral spine disability has been rated at a 20 percent rating since the grant of service connection in June 2008. The Board finds that his current condition warrants an increased rating to 60 percent, which includes both the schedular and extraschedular ratings.

The Board has granted service connection for bilateral knee disabilities, obstructive sleep apnea, and left shoulder disability. The claims are based on direct evidence of a link between the conditions and service.

The Veteran's current sleep apnea began in active service and the Board finds that it is more likely than not that the Veteran had sleep apnea while in active service. Therefore, the claim for service connection for sleep apnea is granted.

The Board has found that the Veteran does not have a diagnosis of PTSD and therefore, service connection for PTSD is denied. The issue of service connection for Sleep Apnea is remanded for further development.

The Veteran's appeal is being remanded to obtain additional medical records, schedule the Veteran for a VA examination related to his psychiatric disorder and herniated nucleus pulposus, and issue an SOC regarding the claim of service connection for obstructive sleep apnea.

The Board has remanded the case due to insufficient opinion in the VA examination report, and additional development is required.