Sleep apnea decisions — 2014

The Veteran's appeal is being remanded for scheduling a Travel Board hearing at the RO in Oakland, California.

The Board denied the Veteran's claims for service connection for various conditions, including asthma, a left calf strain disability, obstructive sleep apnea, tinea capitis, chlamydial urethritis, and vasectomy. The reasons given were that there was insufficient credible evidence to support these claims.

The Veteran's tinnitus was granted service connection and an effective date of October 10, 2007. The claim for a higher rating for his low back disability remains in appellate status as the RO awarded him a 20% rating effective October 10, 2007. The TDIU claim is also under consideration.

The Board has reopened the claim of service connection for lumbar disc disease and remanded it for further development. The Veteran's current back condition is being evaluated to determine if it is related to his in-service injuries.

The Board has granted the Veteran's claim to establish service connection for obstructive sleep apnea, finding that there is sufficient evidence to support a link between his in-service symptoms and current diagnosis.

The Board has determined that the Veteran's low back disorder is not service-connected as it did not manifest within one year of his separation from active duty and is not shown to be related to his service. The examiner opined that the current left hip disorder is less likely than not caused or aggravated by his service-connected bilateral knee and left ankle disabilities.,The Board has determined that the Veteran's low back disorder is not service-connected as it did not manifest within one year of his separation from active duty and is not shown to be related to his service. The examiner opined that the current left hip disorder is less likely than not caused or aggravated by his service-connected bilateral knee and left ankle disabilities.

The Veteran's claim for increased ratings for lumbosacral strain with thoracic compression fracture has been denied as the evidence does not meet the criteria for a compensable or higher rating under the applicable VA Rating Schedule.

The Veteran's service connection claim for sleep apnea is granted. The Veteran's initial evaluation in excess of 10 percent for migraine headaches is granted, with a current rating of 30 percent.

The Veteran's disability rating for chronic lumbosacral back strain was restored to 50 percent effective July 1, 2009.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need for additional medical records and an opinion regarding the relationship between his current condition and his periods of active duty service.

The Veteran's service connection claim for pseudofolliculitis barbae (PFB) is granted. The Board finds that the Veteran had PFB during his active duty service and grants service connection for this condition.

The Board has determined that the Veteran's current back disability is not related to his military service, including his period of INACDUTRA in August 1986. The evidence does not support a finding that the Veteran's back condition was incurred or aggravated during active duty or INACDUTRA.

The Veteran's claim for a TDIU is being remanded due to the need for additional development, including obtaining relevant VA treatment records and scheduling an examination by a VA physician to assess his employability.

The Board denied service connection for hypertension, a leg disability other than peripheral neuropathy, ED, and sleep apnea. The Veteran's dysthymic disorder with anxiety symptoms was rated at 30 percent.

The Veteran's appeal is denied as his service-connected lumbosacral spine disability does not warrant a rating greater than 20 percent prior to October 15, 2013, and greater than 40 percent thereafter.

The Veteran requested to withdraw his appeal for service connection of sleep apnea, and the Board has dismissed the appeal.

The Veteran's hypertension is currently rated at 20 percent, which is the maximum available benefit.,Prior to May 13, 2010, his tinea cruris was rated as noncompensable. From May 13, 2010 onwards, it has been rated at 10 percent.

The Veteran's current diagnosis of sleep apnea is found to have been incurred in service, meeting the criteria for service connection.

The Veteran died from complications of morbid obesity with sleep apnea contributing to death. The Board found no evidence linking the Veteran's obesity or sleep apnea to service, and denied service connection for the cause of his death.

The Board has remanded the case due to the need for a VA examination to address whether the Veteran's sleep apnea began during service or is otherwise causally related to service.