Sleep apnea decisions — 2014

The Veteran's appeal is being remanded to the Agency of Original Jurisdiction (AOJ) for a new VA examination assessing the current severity of his low back disability and for additional development as indicated.

The Board has determined that the Veteran does not have a psychiatric disability, to include PTSD, that is etiologically related to active service and a psychosis was not present within one year of separation from active service. The Veteran also does not have additional disability resulting from VA treatment.

The Board finds that the Veteran's sleep apnea was incurred during active service, and grants entitlement to service connection for this condition.

The Veteran's claim for increased ratings for lumbosacral strain was denied. For the period prior to December 29, 2008, a rating in excess of 10 percent is not warranted. Since December 29, 2008, a rating in excess of 40 percent is also not warranted.

The Veteran's obstructive sleep apnea was not incurred in or aggravated by active service, nor is it secondary to a service-connected disability or due to an undiagnosed illness. The claim for service connection has been granted.

The Board has remanded the case for further development, including a VA examination to assess the etiology of the Veteran's obstructive sleep apnea and the severity of his PTSD and depression. The claims are also being considered in light of any new evidence or changes in the Veteran's condition.

The Board has granted service connection for bilateral hearing loss, finding that the Veteran's current bilateral hearing loss is at least as likely as not related to his in-service noise exposure. The right knee disability is also found to be at least as likely as not caused by his service-connected left knee disability.

The Veteran's appeal was dismissed due to his death, and no service connection decision could be made.

The Board has remanded the case for additional development, including obtaining medical records and requesting updated VA Form 21-8940 from the Veteran. The issues of entitlement to increased ratings for radiculopathy, left lower extremity; surgical scar, lumbar spine; and lumbosacral spine disability are also being remanded.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for hypertension. However, after a thorough review of all available evidence, including VA treatment records and private medical opinions, the Board finds that there is no evidence showing a direct link between the Veteran's current hypertension, heart disability, or sleep apnea and his military service.

The Veteran's claims for service connection for sleep apnea, prostate enlargement, and erectile dysfunction secondary to prostate enlargement were denied. The Veteran was also granted a 60 percent rating for asthma effective September 17, 2013.,Prior to September 17, 2013, the Veteran's claim for a higher rating for his asthma was denied.

The Veteran has been granted entitlement to specially adapted housing due to permanent and total service-connected disabilities that result in the loss of use of both lower extremities. The claim for a special home adaptation grant is denied as it is rendered moot by the grant of specially adapted housing.

The Board has determined that service connection is not warranted for sleep apnea, erectile dysfunction, or a skin condition of the hands and feet as they are not related to active duty service or a service-connected disability.

The Veteran's appeal is being remanded to obtain additional records and for a VA examination to determine the etiology of his claimed disabilities.

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions and consideration of the provisions of 38 U.S.C.A. § 1154(b).

The Board has determined that the Veteran's sleep apnea is not caused or aggravated by his service-connected sinusitis, hypertension, and hypertensive heart disease. The compensable rating for sinusitis claim was also denied.

The Board has decided that the case needs further examination and development before a decision can be made on whether the Veteran's obstructive sleep apnea is service-connected, as claimed secondary to his service-connected disabilities.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining medical records and considering the Veteran's unemployability.

The Board has determined that the Veteran's claim for an earlier effective date for the grant of service connection for bipolar disorder cannot be granted as there is no evidence showing a prior claim was filed before September 28, 2005. The Veteran's claim for service connection for sleep apnea secondary to his service-connected disabilities remains pending.

The Board has determined that the Veteran's death was caused by his service-connected osteosarcoma, which is believed to have been aggravated by exposure to chemical or radiological agents during active duty at Fort McClelland. As a result, the appeal for service connection for the cause of the Veteran's death is granted.