Sleep apnea decisions — 2014

The Board found that the Veteran's obstructive sleep apnea is not related to his military service and denied his claim for service connection.

The Veteran's appeal is being remanded due to his failure to appear at a previously scheduled videoconference hearing. The case will be rescheduled for a new hearing.

The Veteran's bilateral eye condition, including retinitis pigmentosa, right eye cataract, and left eye pseudophakia, is not manifested by vision impairment that warrants a compensable evaluation. The Board finds the evidence does not support a finding of service connection for these conditions.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining updated treatment records and scheduling new VA examinations.

The Board found no evidence of a current eye disability due to service connection for retinitis pigmentosa, as it is considered a congenital defect. The Veteran's condition was not aggravated by any superimposed disease or injury during service.

The Board has determined that the Veteran's PTSD is related to his service and granted service connection for PTSD. The issue of sleep apnea remains under consideration as it may be secondary to his service-connected anxiety disorder.

The Veteran's claims for service connection were denied because his injuries occurred after he had left active military service, and the Merchant Marine service during which these injuries occurred does not qualify as qualifying service under VA regulations.

The Board found that the Veteran's bilateral restless leg syndrome was not related to his active service or service-connected lumbar strain, and denied his claim for service connection.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional medical opinions and records.

The Board has granted the Veteran's claims to reopen for sleep apnea and right shoulder disability, finding that new and material evidence supports these claims.

The Board has remanded the case for additional development, including an orthopedic examination and consideration of whether a higher rating is warranted on an extraschedular basis.

The Veteran's tinnitus, lumbosacral strain, right elbow condition, and right great toe disability are all rated at the maximum allowable under VA regulations. The right quadriceps injury is also rated at the maximum allowable under VA regulations.

The Veteran seeks service connection for obstructive sleep apnea. The Board has decided to remand the case due to incomplete medical records and a need for additional examination.

The Veteran's lumbosacral spine disability has been manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees and combined range of motion of the thoracolumbar spine not greater than 120 degrees, which does not meet the criteria for a higher rating under VA's Schedule for Rating Disabilities.

The Board finds that the Veteran's sleep apnea had its onset during active duty and grants service connection for this condition.

The Board has remanded the Veteran's claims due to the need for additional medical opinions regarding his sleep apnea, bilateral hand disorder, and bilateral wrist disorder.

The Veteran's service-connected disabilities, including migraines, sleep apnea, low back strain, left knee strain, right knee medial meniscus tear, tinnitus, hypertension, and other conditions, have rendered him unable to secure or maintain substantially gainful employment. The Board has granted a TDIU based on the combined effect of these service-connected disabilities.

The Board has granted service connection for sleep apnea as being proximately due to or caused by a service-connected disability, and has also granted service connection for bilateral pes planus. The Veteran's pre-existing ankle and foot disabilities were aggravated during service. Service connection was denied for the remaining issues.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected PTSD.

The Veteran's appeal is being remanded for additional development to obtain medical records and provide updated examinations for her asthma, left knee, and lumbar spine conditions. Her claim for a TDIU is also inextricably intertwined with the other claims.