Sleep apnea decisions — 2014

The Veteran's service-connected surgical scar, status post removal of dermatofibrosarcoma protuberans of the chest and right shoulder, is rated at 10 percent since July 25, 2006. A separate 10 percent rating is granted for a deep and painful scar under Diagnostic Code 7801.

The Veteran's service-connected disabilities did not render him unemployable prior to October 10, 2007. The combined evaluation of his disabilities was 50 percent from September 20, 2001 to October 10, 2007.

The Board has remanded the Veteran's claims for service connection, increased ratings, and TDIU due to pending issues with her low back disorder, right wrist strain, and right knee chondromalacia patella.

The Veteran's obstructive sleep apnea is being remanded for further development, including obtaining information about his exposure to chemical agents at Dugway Proving Ground and a VA examination.

The Board has determined that the Veteran's claimed disabilities, including low back and bilateral hip conditions, were not incurred or aggravated during his active military service. The evidence does not establish a nexus between these conditions and any in-service injury or event.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a videoconference hearing before a Veterans Law Judge.

The Board has reopened the claims for service connection and granted them, finding new and material evidence that relates to an unestablished fact necessary to substantiate the claim of service connection for ED. The Veteran's ED is etiologically related to his service-connected diabetes mellitus.

The Veteran's appeal involves claims for increased ratings and service connection, with the majority of issues remanded for further examination and opinion. The primary focus is on sleep apnea and its relationship to other conditions.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining medical records and scheduling examinations. The appeal will be remanded to the AOJ.

The Veteran's right shoulder disability was not related to service and denied.,Sleep apnea and GERD were both found to be due to undiagnosed illnesses associated with the Gulf War, but as these conditions are presumed, no rating is assigned.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for sleep apnea. The Board finds that there is sufficient evidence to establish a link between the Veteran's current diagnosis of obstructive sleep apnea and his active duty service, including his weight gain during service. As for the right inguinal hernia, the Board concludes that it is less likely than not related to the Veteran's service-connected knee disability.

The Board has determined that the Veteran's currently diagnosed degenerative disc disease of the lumbosacral spine is at least as likely as not caused by in-service spine injuries, and thus service connection for a low back disability is granted.

The Board has determined that the Veteran's current sleep apnea was not manifested during his active military service and is not shown to be causally or etiologically related to his active military service. The Board also found no evidence showing a nexus between the Veteran's service-connected disabilities (diabetes mellitus type II, PTSD, and CAD) and his sleep apnea.

The Board found that the Veteran's current diagnosis of sleep apnea is not related to service, and thus denied his claim for service connection.

The Veteran's claim for service connection for a low back condition is being remanded due to the need for additional medical records and further development.

The Veteran's service-connected recurrent lumbosacral strain is currently rated as 10 percent disabling. The Board found that the evidence did not meet criteria for an evaluation in excess of 10 percent prior to July 24, 2012; and granted a 20 percent rating from July 24, 2012 to February 6, 2013, and a 40 percent rating as of February 7, 2013.

The Veteran's degenerative disc disease of the lumbosacral spine was granted an initial evaluation in excess of 10 percent, but not more than 20 percent, effective from October 21, 2011.

The Board found that the low back disability was not incurred or aggravated during service and is unrelated to any in-service injury, disease, or event. The current condition is not caused by or made worse by a service-connected disability.

The Veteran's claim for an increased evaluation of his lumbosacral strain/sprain with disc herniation at L4-L5 was granted, and he is now rated 60 percent disabling effective July 19, 2012. The issue of service connection for sleep apnea remains pending.

The Board has granted service connection for diabetes mellitus and is granting the Veteran's claim of entitlement to service connection for peripheral neuropathy of his upper and lower extremities. The appeal as to sleep apnea is being remanded due to insufficient evidence regarding its relationship with hypertension, kidney disease, or newly service-connected diabetes mellitus.