Sleep apnea decisions — 2014

The Board has determined that new and material evidence has been received to reopen the claim for service connection for sleep apnea. The Veteran's current diagnosis of obstructive sleep apnea is found to be related to his military service, thus granting service connection.

The Board has granted service connection for radiculopathy of the right lower extremity, finding it related to the Veteran's service-connected lumbosacral strain with degenerative changes.

The Board has granted the petition to reopen the claim for service connection of a low back disability, finding that new and material evidence has been submitted. The issue is now on remand for further development.

The Veteran requested to withdraw his appeal regarding the reopening of a previously denied claim for service connection for chronic lumbosacral strain with scoliosis. The Board has dismissed the appeal due to this request.

The Veteran's claims of service connection for hearing loss, tinnitus, type II diabetes mellitus, sleep apnea, eye condition, peripheral neuropathy of the upper extremities, and peripheral neuropathy of the lower extremities are being remanded due to incomplete development. The AOJ will obtain additional evidence related to Agent Orange exposure and ensure that a VA examination is conducted for hearing loss and tinnitus.

The Veteran's claim for service connection for tinnitus has been reopened and is granted. The Board finds that the evidence supports a finding of service connection for tinnitus. For obstructive sleep apnea, the Board finds that there is not enough evidence to determine if it was caused by or related to service.

The Board has granted service connection for meralgia paresthetica and neuropathy of the right thigh, carpal tunnel syndrome of the left wrist, diabetes mellitus type II, and sleep apnea. The effective date is set at April 7, 2014.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's sleep apnea is directly related to his service or secondary to his service-connected disabilities. The claim will be reviewed again with a new examination and opinion.

The Board is remanding the claim to obtain additional medical opinions and records, as current evidence does not sufficiently establish whether the Veteran's service-connected back disability with psychiatric manifestations contributed to his alcoholism and ultimately caused his death from end-stage liver disease.

The Veteran's lumbosacral spine degenerative disc disease and degenerative joint disease were initially manifested during active service, and the Board finds that these conditions are now granted as service connected.

The Board denied the Veteran's claims for service connection for his claimed conditions, finding that there was no evidence to support a direct link between his current conditions and his active duty service.

The Veteran's back disorder is at least as likely as not aggravated by her service-connected bilateral pes planus, and thus service connection for a back disorder is granted.

The Board found that the Veteran's current sleep apnea is less likely related to active service and denied his claim for service connection.

The Veteran's claims are being remanded for further development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his lumbar spine disability. The TDIU claim is also held in abeyance pending resolution of the increased rating claim.

The Veteran's sleep apnea is found to have been incurred in service, and the Board grants his claim for service connection.

The Veteran's appeal is remanded for further development, including obtaining a VA examination and medical opinion to address the nature and likely etiology of his COPD. The case will be readjudicated based on all evidence obtained.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and development of her VA and private treatment records.

The Board found no evidence to support the Veteran's claims for service connection for kyphosis, degenerative disc disease, and other conditions of the spine, COPD, pancreatitis, right hip arthritis, obstructive sleep apnea, or joint pain. The appeals are denied.

The Board finds that the Veteran's current low back condition is more likely due to a workplace injury after service, rather than any event or injury during his active duty.

The Board has remanded the case for a new VA examination to determine if the Veteran's sleep apnea is caused or aggravated by his service-connected major depression, including psychiatric medications used to treat it. The claim will be readjudicated based on this new evidence.