Sleep apnea decisions — 2014

The Veteran's appeal involves multiple issues related to his service-connected conditions, including ratings for various disabilities and the effective dates of service connection. The case is being remanded due to a need for a Board hearing.

The Veteran's appeal was denied for service connection for various conditions, including hypertension, obstructive sleep apnea, bilateral eye disability, and dental disorder. The Board found no evidence of these conditions being incurred in or related to his military service.

The Veteran withdrew his appeals for all issues listed on the title page prior to the promulgation of a decision.

The Board has reopened the Veteran's claims for service connection for bilateral knee disability and sleep apnea, but has remanded them for further development.

The Board has remanded the Veteran's claims for additional development and consideration, including obtaining updated treatment records from his VA medical center and scheduling him for a VA examination to address the nature and etiology of his claimed conditions.

The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and scheduling the Veteran for VA examinations to assess the severity of his right ankle fracture and lumbosacral strain.

The Veteran's claim for an increased rating for lumbosacral strain with foraminal stenosis was denied, and his TDIU claim was also denied. The current effective date is not specified.

The Board found that the Veteran's sleep apnea disorder did not have its onset in active duty service and is not otherwise related to active duty service.

The Veteran's appeal includes claims for hypertension, high cholesterol, a skin disorder (including rosacea), and erectile dysfunction. The Board finds these issues are inextricably intertwined as they all involve service connection secondary to diabetes mellitus. As such, the AOJ should first adjudicate whether new and material evidence has been received to reopen a claim of entitlement to service connection for diabetes mellitus before addressing the other remanded claims.

The Board granted an effective date of October 7, 2005 for the assignment of a 40 percent evaluation for degenerative disc disease of the lumbosacral spine. The claim for earlier service connection for radiculopathy of the right lower extremity was denied.

The Board has granted service connection for the Veteran's sleep apnea, finding that it is at least as likely as not related to his military service.

The Veteran's low back disability, characterized by severe pain and limitation of motion, has been rated at the highest available rating under the musculoskeletal system criteria. However, there is no evidence of ankylosis of the entire spine or associated neurologic abnormalities that would warrant a higher rating.

The Board has determined that the Veteran's pre-existing idiopathic scoliosis of the lumbosacral spine was aggravated by service, and thus service connection is granted.

The Board found that the Veteran's sleep apnea is not related to his service or to his service-connected post-traumatic headaches, and thus denied his claim for service connection.

The Veteran's low back disability and right lower extremity radiculopathy have been granted increased evaluations, with the effective date being from March 22, 2013.

The Board has determined that the Veteran's service connection claim for disc disease of the lumbosacral spine is granted as it was incurred in service.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his lumbosacral strain and determine if he has a urological disorder related to service or his service-connected condition.

The Veteran's liposarcoma of the spermatic cord, status post radical left orchiectomy, is granted service connection. The residuals including hypogonadism with anemia and osteoporosis; left inguinal keloid scar; hypesthesia are also granted as secondary to the primary condition. Entitlement to special monthly compensation based on loss of use of a creative organ (erectile dysfunction) is granted.

The Board has remanded the case due to deficiencies in the previous examination report and for obtaining additional VA treatment records.

The Board has remanded the case due to the Veteran's request for a videoconference hearing. The appeal will be returned to the RO after the scheduled hearing.