Sleep apnea decisions — 2014

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to address the issues of service connection for obstructive sleep apnea and an increased rating for residuals of lung cancer. The matter of TDIU will also be addressed on remand.

The Veteran's claim for service connection for sleep apnea, fibromyalgia, and total disability based upon individual unemployability was granted. The Veteran's vitiligo with associated yeast skin disorders is also service connected. A rating of 40% for fibromyalgia was assigned.

The Veteran's appeal is being remanded to the RO for scheduling a videoconference hearing and addressing new evidence submitted by the Veteran.

The Board found that the Veteran's obstructive sleep apnea did not have its onset during service and is not a result of service. The examiner concluded that the condition was less likely than not incurred in or caused by the Veteran's service.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during his service and is therefore granted as service connection.

The Veteran's claims for effective dates earlier than July 9, 2010, and November 22, 2013, for the grant of service connection for anosmia and migraine headaches have been granted.,The Veteran's claim for a higher initial rating for migraine headaches has not met the criteria.

The Veteran's currently demonstrated obstructive sleep apnea was incurred during or a result of his active duty service, and the Board grants service connection for this condition.

The Board found that the cause of the Veteran's death, acute myelogenous leukemia, was not caused by or related to service or a service-connected disability. The appellant's argument for service connection based on exposure to herbicides and secondary to prostate cancer were not supported.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining a secondary service connection opinion for sleep apnea and issuing a statement of the case regarding his claims.

The Veteran's claim for service connection for a pulmonary disability, including sleep apnea and sarcoidosis, is being remanded due to the need for an additional medical opinion regarding the etiology of his conditions.

The Veteran's obstructive sleep apnea is found to have had its onset during active military service and the Board grants service connection for this condition.

The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.

The Veteran's current diagnosis of spondylolisthesis at L5-S1 is found to be the result of a condition first noted during service, specifically spondylolysis at L5. As such, the Board grants service connection for this disorder.

The Board has remanded the case for additional development due to the need to obtain in-service mental health records from Evans Army Hospital at Fort Carson, Colorado.

The Veteran's low back disability, characterized by arthritis and IVDS, was granted a rating of 40 percent effective October 16, 2012. The initial ratings prior to this date were not higher than the assigned rating.

The Veteran's service-connected pseudofolliculitis barbae does not meet the criteria for a higher disability rating. The RO is directed to obtain his treatment records from Wilford Hall Ambulatory Surgical Center.

The Veteran's appeal is being remanded to the RO for review of additional evidence submitted by his wife. The claim will be reconsidered and a decision will be made based on this new information.

The Veteran's physical impairment due to his nonservice-connected conditions requires care or assistance on a regular basis to protect himself from the hazards of daily environment, and the Board has determined that he meets the criteria for special monthly pension based on the need for aid and attendance.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected back disability, including any instability, painful motion, functional loss due to pain, weakness, excess fatigability, and additional disability during flare-ups. The examiner should also comment on whether muscle spasms have resulted in abnormal gait or spinal contour.

The Veteran is seeking service connection for obstructive sleep apnea as secondary to his service-connected diabetes mellitus. The Board has determined that additional development, including obtaining VA treatment records and a medical opinion, is necessary before the claim can be decided.