Sleep apnea decisions — 2014

The Veteran's sleep apnea is as likely as not attributable to service, and the Board finds in favor of granting service connection for this condition. The claim for an acquired psychiatric disability to include PTSD remains pending.

The Veteran's claim for service connection for a bilateral lower extremity disorder, secondary to his service-connected degenerative disc disease and multilevel spondylosis of the lumbosacral spine is being remanded due to the need for additional medical examination.

From October 25, 2007 to April 6, 2010, the Veteran's pelvic adhesive disease was rated at 30 percent due to symptoms not controlled by continuous treatment.,Effective April 7, 2010, a higher rating is not warranted as her symptoms are now controlled with an endometrial ablation.

The Board has dismissed the petition to reopen the previously denied claim of entitlement to service connection for migraine headaches. The Veteran's spouse was added as a dependent effective August 1, 2007, but he disagrees with this effective date and seeks an earlier one.

The Veteran's claim for service connection for sleep apnea, which is secondary to his service-connected PTSD, has been remanded due to the inadequacy of the May 2009 VA examination and the need for a new opinion addressing whether sleep apnea was caused by or aggravated by his service-connected PTSD.

The Board has determined that the Veteran's tinnitus is at least as likely as not related to his service, and thus grants service connection for tinnitus. The issue of lumbosacral degenerative disease remains pending due to a lack of sufficient evidence regarding its onset during service.

The Board finds that the Veteran's sleep apnea began during his military service and grants service connection for this condition.

The Board has determined that the Veteran's sleep apnea was not incurred in or aggravated by active service and is not otherwise attributable to active service. The VA examiners have provided opinions against a finding of direct service connection for sleep apnea.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for obstructive sleep apnea. The Board also finds that the Veteran's obstructive sleep apnea is at least as likely as not related to his time in service.

The Board has determined that service connection is not warranted for a heart disability, degenerative disc disease of the upper back and neck, or sleep apnea as there is no evidence linking these conditions to service, including exposure to herbicides.

The Veteran's lumbosacral strain, status post posterior interbody fusion of L4-5 and L5-S1, has not more nearly approximated unfavorable ankylosis. Therefore, the claim for a higher rating is denied.

The Veteran's appeal is being remanded for additional development, including scheduling a videoconference Board hearing at the RO.

The Board has decided to remand the case for further development, including obtaining VA and private treatment records and providing a VA medical opinion regarding the Veteran's service connection claim for sleep apnea.

The Veteran's claims for sleep apnea, seasonal allergic rhinitis with deviated septum, and sinusitis were denied. The Veteran was granted service connection for stress fractures of the left foot and assigned a noncompensable evaluation. Service connection for right foot bunion is not established.

The Veteran's request for a Travel Board hearing has been rescheduled due to his inability to attend the previous scheduled hearing. The case is now remanded to the RO for further review and scheduling of the hearing.

The Board has remanded the case for additional development, including obtaining VA treatment records and requesting an addendum opinion from a VA examiner.

The Veteran is seeking service connection for sleep apnea and anemia, both secondary to his service-connected hemorrhoids. The Board has remanded the case for additional development.

The Board has determined that the Veteran's obstructive sleep apnea was incurred in service, and therefore grants his claim for service connection.

The Veteran's cerebrovascular accident (stroke) is being remanded for further examination and consideration due to the need for additional evidence and a new opinion regarding its etiology.

The Board has determined that the Veteran's obstructive sleep apnea was diagnosed and had its onset during military service, granting service connection for this condition.