Sleep apnea decisions — 2014

The Board has granted the Veteran's claim of service connection for sleep apnea, finding that his current condition is related to his military service.

The Veteran's claim for an increased rating for lumbosacral strain was submitted on August 20, 2008. The Board finds that the earliest effective date allowable under the law is August 20, 2007.

The Veteran's claim for an increased rating in excess of 30 percent for bipolar disorder with bulimia nervosa was denied. The Board found that the symptoms did not meet the criteria for a higher rating.

The Veteran's death was not service-connected, but he was in receipt of compensation at the time of his death. The appellant used her personal funds to pay $400.00 towards the Veteran's funeral expenses and is therefore eligible for non-service connected burial benefits.

The Board has remanded the Veteran's claims for additional development to obtain outstanding medical records and to provide her with new VA examinations. The claims are being returned to the RO for further action.

The Veteran's appeal is being remanded to obtain additional medical opinions and to ensure all relevant records are associated with the claims file.

The Board has granted service connection for obstructive sleep apnea and vision deficiencies of the left eye, both at a noncompensable (zero percent) rating. The Veteran's obstructive sleep apnea is currently rated as 30% disabling.

The Board found that the Veteran's Obstructive Sleep Apnea is not related to his service, and the preponderance of evidence is against a finding that it was caused or aggravated by his service-connected prostate cancer and/or erectile dysfunction. The rating for his Prostate Cancer remains at 20 percent.

The Veteran's service-connected disabilities do not preclude substantially gainful employment.

The Veteran's claim for service connection for obstructive sleep apnea, as secondary to his service-connected sinusitis with allergic rhinitis, is being remanded due to the Veteran's failure to report for a VA examination scheduled in conjunction with his original compensation claim.

The Board has denied the Veteran's claim for a TDIU due to his service-connected disabilities, as they do not meet the schedular requirements for such a rating. The appeal is REMANDED for further development and consideration.

The Board has determined that there is no evidence of a chronic skin disorder or degenerative disc disease during service, and the Veteran did not experience continuity of symptomatology after service. The preponderance of the evidence does not support service connection for either condition.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Board has determined that the Veteran's sleep apnea is not related to service and therefore denied his claim for service connection. The other conditions listed were also found not to be related to service.

The Board has reopened the claim for a bilateral foot disorder but denied the original claim of service connection for sleep apnea. The Veteran's claims are not credible regarding his symptoms during and since service.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the nature and likely etiology of his sleep apnea, with specific focus on whether it is related to his period of service or due to his service-connected diabetes mellitus.

The Veteran's claim for an increased rating for low back disorder was denied as the evidence did not show incapacitating episodes of intervertebral disc syndrome or unfavorable ankylosis of the entire thoracolumbar spine.

The Veteran's current sleep apnea was at least as likely as not incurred during his active service. The Board finds that the evidence is in equipoise as to whether or not the Veteran incurred hearing loss and tinnitus during his active service.

The Board has determined that the Veteran's current sleep apnea had its onset in service and is therefore granted service connection.

The Veteran's lumbosacral spine disability is rated at a 60 percent evaluation for the period on and after October 21, 2004.