Sleep apnea decisions — 2014

The Veteran's claims for shingles and tuberculosis were denied as there was no evidence of current disabilities. The claim for a left leg scar was granted as it is likely related to service.,Claims for digestive disorder, right wrist carpal tunnel syndrome, and rosacea are not addressed in this decision.

The Veteran's claim for service connection for sleep apnea and hypertension, as well as his TDIU claim, are being remanded due to the need for additional development including VA examinations.

The Board has granted the Veteran's claim for service connection for low back muscle strain, reopening his previously denied claim. The remaining claims are remanded for further development.

The Veteran's appeal is being remanded to allow for additional development, including verification of herbicide exposure and issuance of a statement of the case on all issues.

The Board has restored the prior higher rating for the Veteran's service-connected lumbosacral strain with residuals and disc herniation. The remaining claims of entitlement to a higher rating for left shoulder strain, service connection for sleep apnea, and TDIU are remanded due to procedural deficiencies.

The Veteran's claim for service connection for sleep apnea, to include as secondary to his service-connected chronic sinusitis and allergic rhinitis, status post septoplasty, is being remanded due to the need for a VA examination.

The Veteran's appeal is being remanded due to his failure to appear at a scheduled videoconference hearing. He was previously requested for such a hearing, but the notification was sent to an outdated address.

The Board found no evidence to support the Veteran's claim for service connection of a back disability, including arthritis. The current diagnoses do not link these conditions to service.

The Board has determined that the Veteran's sleep apnea is not related to his service-connected coronary artery disease and therefore, he does not meet the criteria for secondary service connection.

The Board has granted service connection for a low back disorder, bilateral hearing loss, and tinnitus. The issue of entitlement to nonservice-connected pension remains pending as the Veteran's skin disorder claim is still outstanding.

The Veteran's service-connected lumbosacral disc disease with bulging discs and foraminal stenosis is rated at 40 percent prior to June 3, 2010, which meets the criteria for a higher rating.

The Veteran's current obstructive sleep apnea and left knee replacement were first manifested during active duty, meeting the criteria for service connection. The extension of a total disability rating for convalescence purposes for his left knee replacement is granted.

The Veteran's obstructive sleep apnea was found to have its onset during his active duty service and is therefore granted as service connected.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine status post laminectomy precludes him from engaging in substantially gainful employment, and his TDIU claim is being remanded for extra-schedular consideration.

The Board has reopened the claim for service connection for a lumbar disorder and finds that new and material evidence has been submitted. However, it is unable to determine whether the Veteran's current lumbar disorder resulted from an in-service injury or if it was caused by work-related activities.

The Veteran's OSA is found to be aggravated by his service-connected asthma, and thus secondary service connection for OSA is granted.

The Board has remanded the case for further development, including obtaining a new opinion from the VA examiner regarding whether the Veteran's PTSD symptoms or medication are causally related to his sleep apnea.

The Veteran's appeals for service connection for left ear hearing loss and an initial compensable rating for right ear hearing loss have been withdrawn. The remaining issues of entitlement to higher ratings for PTSD and the lumbar spine disability are addressed in the REMAND portion of this decision.

The Veteran's appeal is being remanded due to the need for additional examinations and evaluations of his service-connected disabilities, including lumbosacral osteal degenerative disease (lumbar spine disability), tinea versicolor, left foot plantar fasciitis, right foot plantar fasciitis, bilateral elbow epicondylitis, pseudofolliculitis barbae (PFB), and bilateral pes planus.

The Veteran's lumbosacral spine disability is found to have been incurred during active duty service. The right and left knee disabilities are not addressed in the decision summary as they were remanded.