Sleep apnea decisions — 2014

The Board has determined that the Veteran's currently diagnosed sleep apnea syndrome was incurred during active service and grants the claim for service connection.

Service connection for headaches has been granted. The Veteran reported having headaches in service and the VA examiner found a current diagnosis of migraines.,Service connection for sleep apnea has not been established, as there is no evidence of its occurrence during service or that it is related to PTSD.

The Board has remanded the case for additional development due to the Veteran's failure to report for VA examinations scheduled in June 2013. The case will be reviewed and readjudicated after obtaining any necessary medical opinions.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examination and incomplete medical records.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with a VA examination to assess her cervical and lumbar spine disabilities.

The Veteran's obstructive sleep apnea and right ankle disorder were not incurred in or aggravated by service, and the Board denied both claims.

The Veteran is shown to be unable to obtain or retain substantial gainful employment due to his service-connected lumbosacral strain with peroneal nerve entrapment, and a TDIU on an extraschedular basis has been granted.

The Veteran is precluded from substantially gainful employment due to his service-connected disabilities, and the Board finds that he meets the criteria for a TDIU.

The Veteran's claims of entitlement to service connection for tinea versicolor, onychomycosis of the toenail beds, obstructive sleep apnea, and ulcers are being remanded due to the need for additional development.

The Board has determined that additional development is needed to obtain the Veteran's National Guard personnel records and medical treatment records, as well as VA examination opinions regarding his claimed disabilities. The case will be remanded for these actions.

The Veteran's chronic lumbosacral strain with lumbar disc annular tear and protrusion was rated at 10 percent prior to June 10, 2009. From June 10, 2009, the rating was increased to 40 percent effective March 12, 2012.

The Board has determined that further development is needed to determine the etiology of the Veteran's sleep apnea and whether it was incurred during service. The case will be returned to the RO for this purpose.

The Veteran's appeal is being remanded to reschedule his hearing before the Board of Veterans' Appeals due to a missed scheduled hearing. His claim for reopening service connection for sleep apnea remains pending.

The Board found that the Veteran's current left knee patellofemoral syndrome and lumbosacral strain existed prior to service and were not aggravated therein. As a result, the claims for service connection for these conditions were denied.

The Board has determined that the remand was not fully complied with and additional development is needed, including obtaining Social Security Administration (SSA) records and scheduling a VA examination.

The Board found that the Veteran's current myofascial lumbosacral syndrome is not related to service, and thus denied his claim for service connection. The prostate disability issue was remanded due to a misfiled document in the service treatment records.

The Veteran's lumbosacral strain, status post laminectomy with fusion, is rated at 50 percent effective from the date of this decision.

The Veteran's service-connected migraine headaches have been rated at 50 percent since August 17, 2011. The Board finds that the evidence is at least in equipoise with respect to whether the Veteran has experienced very frequent and prolonged migraine headaches that have been completely prostrating and likely productive of severe economic inadaptability throughout the entire appellate period.

The Board has determined that new and material evidence has been received to reopen the claims of entitlement to service connection for obstructive sleep apnea and erectile dysfunction. The claim of entitlement to service connection for bilateral pes planus remains denied as no new and material evidence was received.

The Board has determined that the Veteran's obstructive sleep apnea is not caused by or permanently worsened by his service-connected disabilities, including diabetes mellitus type II (DMII), hypertension, and posttraumatic stress disorder (PTSD).