Sleep apnea decisions — 2014

The Veteran's sleep apnea was incurred during his active military service and the Board has granted service connection for this condition.

The Veteran's claims for service connection for residuals of a cold injury to the feet, eczema, bilateral hearing loss, tinnitus, right knee disorder, left knee disorder, and flat feet were denied. The claim for an increased rating for athlete's foot was also denied.

The Veteran's current obstructive sleep apnea is aggravated by his service-connected gastroesophageal reflux disease (GERD), with history of esophagitis and hematemesis, warranting service connection.

The Board denied the Veteran's claims for service connection for fatigue, including claimed chronic fatigue syndrome and obstructive sleep apnea, as well as his claim for tinnitus. The evidence did not support a finding that these conditions were incurred in or aggravated by service.

The Board has granted service connection for a chronic thoracic spine disability, finding that the Veteran's pre-existing injury to his T12 vertebra was aggravated by active duty. The claim for lumbosacral spine disability is denied as it did not have its onset during active military service and is not secondary to a service-connected thoracic spine disability.

The Board has determined that the Veteran's current sleep apnea is related to his military service, and thus grants service connection for this condition.

The Board has remanded the Veteran's claims due to insufficient evidence and procedural issues.

The Veteran's left ankle talocalcaneal coalition and lumbosacral strain were evaluated, but the claims for higher ratings were denied as his conditions did not meet the criteria for a higher evaluation under the applicable rating schedule.

The Board has determined that the Veteran's sleep apnea is related to his active service, and therefore grants service connection for obstructive sleep apnea. The claim of entitlement to service connection for dementia remains pending.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and opinions regarding his right shoulder disorder, sleep apnea, and cold injury residuals. The VA will attempt to obtain all relevant treatment records and schedule appropriate medical evaluations.

The Board has denied the Veteran's claim for an earlier effective date for the grant of service connection for sleep apnea, finding that the earliest date of receipt of a claim is February 20, 2008.

The Veteran's service connection claim for a left ankle disability, sleep apnea, and hypertension is granted. The effective date of the grant of service connection for degenerative joint disease of the lumbosacral spine remains October 10, 2009.

The Board has received notification from the Veteran, through his authorized representative, that he withdraws his claims for service connection of a right elbow disorder and obstructive sleep apnea.,VA does not have any current evidence to support or deny the claim for residuals of a fractured left collarbone. The preponderance of the evidence indicates that there is no current disability related to this in-service injury.

The Board has determined that the Veteran's sleep apnea and uvula removal are related to his military service, granting service connection for both conditions.

The Veteran is service-connected with several conditions, including DDD of the lumbosacral spine. The care provided on September 10, 2011, was for an adjudicated service-connected disability and in a medical emergency where delay would have been hazardous to life or health. VA facilities were not feasibly available at the time.

The Veteran's appeal is being remanded for scheduling a personal hearing at the RO in Seattle, Washington.

The Veteran's appeals for service connection were denied. The Board found no evidence to support the claims and noted that the disabilities in question did not manifest within one year of separation from service.

The Veteran's appeal is being remanded due to an equipment malfunction during his July 2014 video conference hearing. He will be scheduled for a new hearing.

The Board has remanded the case due to the need for a VA examination and additional records, including SSA records.

The Veteran's appeal is being remanded to schedule a new Videoconference hearing before a Veterans Law Judge due to his failure to report for the scheduled hearing and allegations of good cause.