Sleep apnea decisions — 2014

The Board denied the Veteran's claim for an earlier effective date for service connection of chronic obstructive sleep apnea, finding that the earliest date of receipt of a formal claim was May 5, 2009.

The Veteran's brain tumor was granted service connection as it manifested within one year of separation from active duty. However, his sleep apnea was denied as there is no evidence linking the condition to his military service.

The Board has granted service connection for coronary artery disease with a history of congestive heart failure and myocardial infarction, finding it may be presumed to have been incurred in wartime service due to exposure to herbicide agents. The issue of entitlement to service connection for sleep apnea is remanded.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a new examination and consideration of all relevant evidence, including her symptoms during service.

The Board has withdrawn the appeal for entitlement to service connection for sleep apnea. The Veteran's tinnitus was incurred as a result of active service, and his right elbow disorder is not shown to have developed as a result of service.

The Board has denied the Veteran's claims for service connection for various conditions, including acid reflux, back disability, fibromyalgia, sinus condition, hearing loss, blurring in both eyes, sleep apnea, acquired psychiatric condition (PTSD, depression, anxiety), cartilage loss in both knees, gout in ankles and feet, and chronic left ankle fracture. The Board found that the evidence did not support a service connection for these conditions.

The Board determined that the Veteran's hearing loss did not warrant a compensable rating, and denied his claims for service connection of obstructive sleep apnea and COPD.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before a Veterans Law Judge.

The Veteran's appeal is being remanded for a video conference hearing. The current disability rating for his low back disorder remains at 20 percent.

The Veteran's claim for a higher rating for his service-connected low back disability is being remanded due to the need for additional development, including obtaining updated medical records and scheduling a new VA examination.

The Board has determined that the Veteran's cholecystectomy is not related to his active duty service and therefore denied his claim for service connection.

The Veteran's appeal of the denial of service connection for bilateral shoulder pain, back pain, obstructive sleep apnea, and hypertension was held to be timely filed. The Board found that the Veteran had reasonable excuses for filing his appeal after the 60-day deadline.

The Veteran's claims for increased evaluations for lumbosacral strain and associated radiculopathy were denied. The Board found that the evidence did not demonstrate severe postoperative residuals beyond September 1, 2008.

The Veteran's claim for a higher initial rating for service-connected left forearm scars has been granted, with the effective date set at May 12, 2009. The earlier effective date claim for the 40 percent disability rating for the service-connected back disability was not met.

The Board has restored a 40 percent rating for the Veteran's service-connected lumbosacral spine degenerative disc disease and degenerative joint disease, with bilateral lower extremity radiculopathy from the effective date of the reduction.

The Board has remanded the case due to insufficient medical evidence to make a decision on the claim of service connection for sleep apnea. The Veteran's current symptoms may be related to his military service, but further examination is needed.

The Veteran's lumbosacral spine disability is rated at 40 percent, effective February 26, 2008. The rating period from September 17, 2012, forward, the Veteran's right lower extremity radiculopathy and right ankle disability are each rated at 20 percent.

The Veteran's appeal is being remanded for further development, including obtaining a VA opinion on the etiology of his sleep apnea and arranging for him to undergo an appropriate VA examination for his bilateral foot disabilities.

The Veteran's appeal is being remanded for a comprehensive examination of his thoracolumbar spine to determine the severity of his service-connected lumbosacral strain.

The Veteran's claims for service connection and increased ratings are being remanded due to the need for additional development, including obtaining medical opinions regarding his OSA and GERD.