Sleep apnea decisions — 2015

The Veteran's appeal was dismissed due to his withdrawal of claims for an effective date prior to September 16, 2007 for service connection for migraines and a rating in excess of 50 percent for migraines. The Board found that the Veteran currently has bilateral degenerative joint disease and calcaneal spurs in his heels which are due to his service.

The Board has determined that the Veteran's service-connected disabilities are of such nature and severity as to preclude him from securing or maintaining substantially gainful employment, warranting a TDIU rating.

The Veteran's claims for service connection for a heart condition, increased ratings for DJD of the lumbosacral spine, and radiculopathy of both lower extremities were denied. The Board found that there was no evidence to support a direct relationship between his current conditions and service.

The Board denied service connection for tinnitus, diverticular disease, PTSD, COPD with sleep apnea, and coronary artery disease. The Veteran's claim for a higher evaluation for diverticular disease was not addressed in the most recent Supplemental Statement of the Case.

The Board has remanded the case for additional development, including obtaining VA medical records and arranging for an examination by a qualified examiner to determine if the Veteran's current sleep apnea is related to service, including Agent Orange exposure. The appeal will be returned to the AOJ after these actions are completed.

The Veteran's claims for service connection have been reopened due to the submission of new and material evidence. However, his claims for diabetes mellitus, type II and obstructive sleep apnea remain denied as there is no direct or presumptive evidence linking these conditions to service.

The Board finds that the Veteran's claimed low back disability, sleep disorder (including sleep apnea), and penile lesions are not related to service. The evidence does not support a finding of service connection for these conditions.

The Board found that the Veteran's sleep apnea is not attributable to his active service or any incident of service, including as due to service in Southwest Asia and/or as secondary to PTSD.

The Veteran's claim for service connection for lumbosacral strain is being remanded due to the need for a new VA examination and additional private treatment records.

The Veteran's service-connected asthma has been rated at 60 percent, and she meets the criteria for a total disability rating based on individual unemployability due to her multiple service-connected disabilities.

The Board found that the Veteran's sleep apnea and erectile dysfunction are not related to service or a service-connected condition, thus denying both claims.

The Veteran's hypertension and obstructive sleep apnea claims are being remanded for additional development, including obtaining VA treatment records and providing new medical opinions.

The Veteran's claim for TDIU is being remanded due to the need to obtain additional medical records and provide a retrospective medical opinion regarding his ability to secure or follow substantially gainful employment.

The Board found that the Veteran's psychiatric condition is not shown to be causally or etiologically related to any disease, injury, or incident during active service.

The Board denied the Veteran's claims for service connection for a pulmonary disability, cardiac disability, acquired psychiatric disability (Posttraumatic Stress Disorder), and obstructive sleep apnea. The appeals were based on direct service connection.

The Veteran seeks compensation under 38 C.F.R. � 1151 for additional disability caused by VA medical treatment from around 2000 to April 2010, including heart attacks, congestive heart failure, two placements of heart implant stents, sleep apnea, low oxygen levels, edema, back and leg pain, and skin itching. He contends that his polycythemia was not diagnosed or treated properly by VA, leading to these disabilities.

The Veteran's appeal is being remanded for additional development to address his claims of service connection for sleep apnea and an increased rating for allergic vasomotor rhinitis.

The Board has reopened the Veteran's claim of service connection for a sleep disorder with insomnia due to new and material evidence. However, the claim for service connection for sleep apnea is denied as there is no competent medical opinion linking the current disability to military service.

The Veteran's claims for service connection were denied as the evidence did not establish a link between his current conditions and his active duty service.

The Veteran's claims for increased evaluation of left knee disability and service connection for herniated nucleus pulposus of the lumbosacral spine are being remanded due to outstanding medical records and potential upcoming surgery.