Sleep apnea decisions — 2014

The Veteran's appeal is being remanded due to the need for additional evidence and a VA examination. The issues are seeking service connection for insomnia and sleep apnea secondary to traumatic brain injury, as well as an initial compensable evaluation for traumatic brain injury.

The Board found that there was no evidence of diabetes mellitus or ischemic heart disease in service, and the Veteran did not meet the criteria for presumptive service connection due to exposure to herbicides. The right knee arthritis is considered secondary to a service-connected left knee disability.

The Board found that the Veteran's bilateral leg disability and back disability were not incurred or aggravated by active service, nor are they related to her service-connected pes planus.

The VA denied the Veteran's claim for service connection for a skin disability, finding that his condition is not related to his military service and ruling out exposure to herbicides as a cause. The examiner concluded that eczema and rosacea are not likely related to his time in service.

The Veteran's service-connected gastrointestinal and low back disabilities do not render him unemployable for VA purposes, as he is capable of performing sedentary work despite his symptoms.

The Board found that the Veteran's sleep apnea was not manifested in service and is not shown to be otherwise related to his service. Therefore, the claim for service connection for sleep apnea is denied.

The Board found that the Veteran does not have a current diagnosis of depression and denied his claim for service connection for depression. The issue of an increased rating for lumbosacral strain with scoliosis and degenerative joint disease is remanded.

The Veteran's claims for higher initial disability ratings for lumbosacral strain with osteoarthritis, service connection for high cholesterol, and service connection for a right knee disability were denied. The RO found that the evidence did not meet the criteria for increased ratings under applicable diagnostic codes.

The Veteran's claim for increased ratings for his service-connected degenerative disc disease of the lumbosacral spine and duodenal ulcers was denied. The current rating of 20 percent for the back disability is considered adequate, as it reflects the severity of the condition based on range of motion testing.

The Board has remanded the case for a VA examination to determine if the Veteran's current sleep disorder is related to his service-connected PTSD or due to an undiagnosed illness, and whether it had its onset during service. The appeal will be returned to the Board after the examination.

The Board denied the Veteran's claims for increased ratings for his lumbosacral spine pain with degenerative disc disease and bilateral lower extremity radiculitis, finding that the evidence did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Veteran's service-connected bilateral shoulder strain and lumbosacral strain have been evaluated, but the claims for increased ratings are denied as there is no evidence of additional functional impairment or other factors warranting higher evaluations.

The Veteran's initial compensable rating for service-connected tooth #9 and his claim for service connection for headaches have been denied. The remaining issues are not addressed as they were remanded.

The Board has granted service connection for hypertension and sleep apnea secondary to PTSD, with exposure to Agent Orange. The Veteran's hearing loss and TDIU claims are also addressed.

The Veteran's lumbosacral strain and degenerative disc disease were found to not warrant a rating higher than 20 percent before December 2, 2013. From December 2, 2013, the criteria for a higher rating are not met.

The Veteran's bladder hyperactivity is rated at 40 percent, and she meets the criteria for a TDIU based on her service-connected disabilities.

The Board has denied the Veteran's claims of service connection for various conditions, including right knee disability, acquired psychiatric disorder, right hand disability, sleep disorder, drug and alcohol abuse, and groin pain. The decision also addressed a claim under 38 U.S.C.A. § 1151 for erectile dysfunction resulting from treatment at VA facilities in December 2005.

The Veteran's claim for increased ratings for lumbosacral back strain was denied as the evidence did not show that he met the criteria for higher disability ratings under the General Rating Formula.

The Veteran's appeal is being remanded for additional development, including VA examinations and issuance of a statement of the case regarding service connection for obstructive sleep apnea.

The Veteran's claims for higher ratings for his low back, neck, wrist, ankle, and knee disabilities were denied as the evidence did not support a rating higher than 40 percent for his lumbosacral spine disability, 30 percent for his cervical spine disability, 10 percent for his right wrist injury, 10 percent for his right ankle disability, or 10 percent for his right knee tendonitis.