Sleep apnea decisions — 2014

The Veteran's claim for an increased rating for a lumbosacral strain is being remanded due to the need for additional development, including a new VA examination.

The Veteran's obstructive sleep apnea is being remanded for a VA examination to determine if it is at least as likely as not caused or aggravated by his service-connected allergic rhinitis.

The Board has decided to remand the Veteran's claim for service connection for obstructive sleep apnea due to the need for a VA examination and medical opinion regarding the etiology of his condition, as well as whether it is related to his period of service or exposure to environmental hazards. The Veteran also seeks secondary service connection for his obstructive sleep apnea based on his already service-connected PTSD.

The Veteran's service-connected disabilities are sufficient to meet the criteria for a TDIU rating, as his combined disability rating is at least 90 percent and he has been found unable to secure or follow any form of substantially gainful employment due to his service-connected conditions.

The Veteran's claims for increased ratings of service-connected irritable bowel syndrome and lumbosacral strain with degenerative disc disease are being remanded to the RO via the Appeals Management Center (AMC), in Washington, DC. The Board finds that VA's VCAA duties to notify and assist the Veteran have been met in this case.

The Board has determined that additional development is needed to determine the etiology and date of onset for the Veteran's claimed conditions, including sleep apnea, hypertension, and diabetes mellitus type II. The case is being remanded for further action.

The Board finds that the Veteran's bilateral hearing loss and lumbosacral strain are service-connected, with no presumption or secondary connection involved. The evidence supports a finding of in-service exposure to noise and resultant current disabilities.

The Board has remanded several claims, including service connection for bilateral plantar fasciitis and new and material evidence claims for various disabilities. The Veteran's file was reviewed by a VA podiatrist to determine the relationship between his current bilateral plantar fasciitis and heel complaints in service.

The Board found that the Veteran's claimed pulmonary disorders and sleep apnea are not related to her active service, including any potential asbestos exposure. The claims for service connection were denied.

The Veteran's lumbosacral spine spondylosis was incurred coincident with service and the Board has granted service connection for this condition.

The Board has determined that additional development is needed to properly evaluate the Veteran's nonservice-connected pension claim, including obtaining updated VA treatment records and a comprehensive employment history assessment. The case will be remanded for these actions.

The Veteran withdrew his appeals for the claims of service connection for left ear hearing loss, sleep apnea, and an innocently acquired psychiatric disorder. The remaining issues regarding a rating in excess of 60 percent for COPD and TDIU are being remanded.

The Veteran's claims for service connection for degenerative changes of the lumbar spine, hips, and sleep apnea have been granted. The claim for a cyst of the right wrist has been denied as resolved.

The Board has remanded the case due to the need for a medical examination and opinion regarding whether the Veteran's obstructive sleep apnea is causally related to his military service.

The Board found that the Veteran's sleep apnea is at least as likely as not having its onset during active duty service and granted service connection for this condition.

The Board has remanded the case for further development to determine if the Veteran's sleep apnea is related to his service or any service-connected conditions, including diabetes mellitus, type II.

The Board has determined that the Veteran's sleep apnea is proximately due to his service-connected PTSD, and thus grants service connection for this condition.

The Veteran's claim for a TDIU is being remanded due to the need for additional development, including an examination to assess the impact of his service-connected disabilities on his employability.

The Veteran's lumbosacral strain with compression fracture and degenerative joint disease is currently rated at 40 percent, effective September 15, 2011. His radiculopathy of the right lower extremity involving the femoral nerve is also rated at 10 percent, effective September 15, 2011.

The Veteran's claim for an initial compensable rating for rosacea was denied. The Board found that the manifestations of her rosacea did not meet the criteria for a compensable rating based on the percentage of body or exposed areas affected, and the need for intermittent systemic therapy.