Sleep apnea decisions — 2014

The Board has determined that additional development is necessary to substantiate the Veteran's claims, including obtaining his service personnel records and arranging for new VA examinations.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected generalized anxiety disorder. The claim for a higher rating for generalized anxiety disorder remains denied, but TDIU is granted due to combined service-connected disabilities.

The Veteran's diabetes mellitus, sleep apnea, and headaches were not found to be related to service or service-connected conditions. The Board denied the claims for these disabilities.

The Board has determined that a remand is necessary to obtain a supplemental medical opinion regarding the etiology of the Veteran's sleep apnea, considering his in-service weight gain and lay statements from family members.

The Veteran's claim for a total disability rating based on individual unemployability due to his service-connected lumbosacral degenerative disc disease was denied as the evidence did not show that he could not secure and follow substantially gainful employment solely due to this condition.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new examination to assess the severity of his service-connected right shoulder disability.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claim for service connection for sleep apnea, including obtaining medical records and clarifying the VA examiner's opinion.

The Veteran's claim for service connection for sleep apnea, as secondary to his service-connected PTSD, is being remanded due to the need for additional development and an opinion from a VA examiner.

The Veteran's claims for increased evaluations for traumatic arthritis, left sacroiliac joint and lumbosacral spine, post-traumatic arthritis, right hip joint and sacroiliac joint, right hip flexion, and right hip abduction were denied as the evidence did not show unfavorable ankylosis of the entire spine or hip joints.,The maximum evaluations available under the applicable rating criteria for these conditions have been assigned.

The Veteran's lumbosacral strain (low back disability) is rated at 20 percent, which is the maximum schedular rating available. The Board finds that his symptoms do not warrant a higher evaluation as they do not meet or approximate the criteria for a higher rating under any applicable diagnostic code.

The Board denied service connection for sleep apnea and tonsillitis (residuals) as the Veteran's conditions were not shown to be incurred in or aggravated by active service.

The Board denied service connection for a low back disability, tinnitus, residuals of bilateral hip and knee injuries, sleep apnea, and boils/abscesses in the groin region due to lack of evidence linking these conditions to active military service.,For each issue on appeal, the VA examiners found no direct link between the claimed condition and training or service. The Board also noted that post-service records did not show any treatment for these conditions until many years after release from training.

The Veteran's request for a Board hearing via videoconference has been noted. The case is being remanded to schedule this hearing as requested by the Veteran.

The Board has determined that the Veteran's claims for sinusitis, sleep disorder (to include sleep apnea), and gastritis are not ripe for adjudication due to a lack of probative medical evidence. The case is therefore REMANDED for further development.

The Board finds that the Veteran's bilateral retinitis pigmentosa was incurred during her military service, resolving reasonable doubt in favor of the Veteran.,The VA examiner opined that it is 'probably at least as likely as not' that the Veteran's bilateral retinitis pigmentosa developed during her period of active duty.

The Veteran's claim for service connection for bilateral hearing loss disability, tinnitus, and knee conditions is granted. The Board finds that the evidence is at least in equipoise as to whether the Veteran has a current bilateral hearing loss disability and knee condition that are related to his military service.

The Board has remanded the case for further development, including a medical examination to determine if service-connected disabilities have aggravated or caused the Veteran's sleep apnea.

The Veteran's appeal is being remanded to obtain additional medical records and to schedule him for a VA examination. The issues are about rating his service-connected lumbosacral strain with degenerative disc disease, spinal stenosis, and associated radiculopathy.

The Board denied the Veteran's claims of service connection for bilateral hearing loss, Crohn's disease, diabetes, sleep apnea, and right knee disability. The decision also addressed whether new and material evidence had been submitted to reopen a previously denied claim for service connection for a right knee disability.

The Board has remanded the case due to insufficient examination and treatment records, requiring a new VA examination to determine if sleep apnea is related to service.