Sleep apnea decisions — 2014

The Veteran's claim for an increased evaluation of his service-connected degenerative disc disease of the lumbosacral spine was denied. The current rating of 40% is maintained.

The Board found that the Veteran's sleep apnea was not incurred in or aggravated by service and denied his claim for service connection. The acquired psychiatric disorder was also denied as it is not proximately due to or the result of a service-connected disability.

The Veteran's service-connected sleep apnea with asthma, including a separate rating for asthma, is currently rated at 50 percent. The Board finds that the current evaluation adequately reflects the severity of the disability.

The Veteran's service-connected disabilities do not meet the criteria for an extraschedular rating, and his claim for TDIU is denied as he has not demonstrated that his service-connected conditions render him unemployable.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision being made.

The Board has granted service connection for OSA, heart condition (non-ischemic cardiomyopathy), and kidney disease (diabetic nephropathy) as secondary to service-connected disabilities. The Veteran's left knee degenerative joint disease is also granted but with a current rating of 10% since May 17, 2011.

The Veteran's appeal includes claims for service connection for various conditions, and the Board has determined that these claims are inextricably intertwined with other issues. The case is therefore REMANDED to schedule a videoconference hearing before the undersigned VLJ.

The Board has determined that the Veteran's obstructive sleep apnea is not related to service or any service-connected disability, and thus denied his claim for service connection.

The Veteran claims service connection for sleep apnea. The Board finds that a VA examination is needed to determine the nature and etiology of his current diagnosis, which may be related to service.

The Veteran's sleep apnea began during his military service and was granted service connection. The claim for a compensable rating for migraine headaches is also granted.

The Board has remanded the case due to incomplete records and need for an addendum medical opinion regarding the cause of the Veteran's sleep apnea.

The Veteran's appeal is being remanded for additional development, including VA examinations and the provision of notice regarding outstanding medical records.

The Veteran's sleep apnea is not related to his service and was not caused or aggravated by a service-connected disability, including PTSD.

The Board found that sleep apnea was not incurred in or aggravated by the Veteran's active duty military service and is not proximately due to or the result of a service-connected disability.

The Veteran's appeal for a higher disability rating for his low back disability prior to May 2, 2013, and for a TDIU prior to that date has been withdrawn.,The Veteran's appeal for a higher disability rating for his low back disability beginning on May 2, 2013, and for a TDIU beginning on that date has also been withdrawn.

The Veteran's appeal has been withdrawn by his service representative, and thus the issue of a rating in excess of 20 percent for lumbosacral spine strain with degenerative disc disease at L5-S1 and intermittent saddle anesthesia is dismissed.

The Veteran's appeal for service connection for a disability manifested by impaired immune system, trachea/heart positional shift, cervical spine disability, depression, OSA, and bronchitis was denied. The Board found no evidence of an impairment in the immune system or any other claimed disabilities.

The Veteran's service-connected disabilities make it impossible for him to secure or follow a substantially gainful occupation, and the Board finds that he is entitled to a TDIU.

The Board has determined that the Veteran's tinnitus and obstructive sleep apnea are more likely than not related to service, granting service connection for both conditions.

The Board has reopened the Veteran's claims for service connection for various conditions, but has denied each claim on the merits. The Veteran does not have a current diagnosis of residuals of electrical shock or second degree burns of either lower extremity. Pes planus pre-existed service and did not increase in severity during service. Shin splints are not shown to be causally related to any disease, injury, or incident during service.