Sleep apnea decisions — 2015

The Veteran's appeals for service connection on multiple conditions have been withdrawn. The claims to reopen service connection for gouty arthritis, hypertension, depression and anxiety, neck disorder, back disorder, right elbow disorder, and breathing disorder (including asthma and shortness of breath) have been granted.

The Board has determined that the Veteran's sleep apnea is related to service, but his claim for increased rating of CAD was withdrawn. The issue of service connection for depression remains pending and requires further examination.

The Board has denied the Veteran's claims of service connection for traumatic brain injury, obstructive sleep apnea, headaches (claimed as migraine headaches), and an acquired psychiatric disorder due to lack of evidence supporting these conditions during his military service or a nexus between them and his service.

The Veteran's service-connected left shoulder strain was granted an increased rating of 20 percent effective January 15, 2013. The claim for earlier effective date is denied as the increase in disability occurred more than one year prior to the date of claim.

The Veteran's service-connected residuals of nose injury with nasal deformity status post septorhinoplasty are not manifested by obstruction greater than 50 percent on both sides, or complete obstruction on one side. The Board finds that the criteria for a compensable evaluation have not been met.

The Veteran's claims for service connection were denied across multiple issues, including hearing loss and various musculoskeletal conditions. The Board found that the evidence did not support a compensable evaluation for hearing loss or establish service connection for any of the other claimed disabilities.

The Board has determined that a remand is necessary to obtain an addendum opinion regarding the Veteran's claim for service connection for obstructive sleep apnea. The current VA examination report was deemed inadequate and further development is required.

The Veteran's appeal is being remanded to obtain additional medical records, including Social Security Administration (SSA) records. He will also be afforded VA examinations for his low back and left hip conditions. Additionally, a new VA opinion will be obtained regarding the 38 U.S.C.A. � 1151 issue.

The Board has remanded the case for additional development, including obtaining an examination and opinions regarding whether sleep apnea is related to service.

The Board has remanded the case for further development due to additional evidence being added to the record and a need for clarification of the nexus opinion based on the theory that the current diagnoses are superimposed on pre-existing spina bifida occulta.

The Veteran's claims were denied across multiple conditions and issues, with no new evidence provided to reopen any of the service connection claims.

The Veteran's appeal for increased ratings and service connection was denied. The lumbar spine disability is not more than 20 percent disabling, the left shoulder strain prior to January 19, 2011, does not meet a higher rating, bilateral pes planus claim was withdrawn, right knee and left knee retropatellar pain syndrome do not meet a higher rating, service connection for a left hip disorder is denied, service connection for right and left elbow disorders is denied, and service connection for a right ankle disorder is granted.

The Veteran is seeking service connection for sleep apnea, which she claims is related to her service-connected allergic rhinitis. The Board has ordered additional development including obtaining VA treatment records and scheduling a VA examination.

The Veteran's dermatofibrosarcoma protuberans resulted from VA's failure to exercise the degree of care expected, as they did not provide a biopsy in February 2008 when the Veteran was told by a provider that she did not require one. The Board grants compensation benefits under 38 U.S.C. § 1151.

The Board has reopened the claim for service connection for PTSD and found that new evidence supports a current diagnosis of PTSD. Service connection is granted for hypertension, but not for sleep apnea, right shoulder disability, left shoulder disability, bilateral hand disability, or bilateral elbow disability.

The Board has determined that the Veteran's reported in-service sexual assault is corroborated by medical and other evidence, and therefore service connection for PTSD is granted. Sleep apnea is not found to be related to service or a service-connected disability.

The Board has denied the Veteran's claims for service connection for various conditions, including headaches, hypertension, a shoulder disability, benign prostate hyperplasia, fatigue, diabetes mellitus, an acquired psychiatric disorder to include PTSD, skin disorders, allergies, sleep apnea, and hyperlipidemia. The reasons provided were that there is no evidence of current disabilities or in-service events, injuries, or diseases related to these conditions.

The Veteran's sleep apnea may be associated with his service, but there is insufficient medical evidence to make a decision on the claim.

Your claim for service connection for sleep apnea is being remanded to the agency of original jurisdiction (AOJ) for additional development. The AOJ will schedule you for a videoconference hearing before a Veterans Law Judge at the Detroit, Michigan RO.

The Veteran's appeal is being remanded for additional development, including VA examinations and the issuance of a statement of the case.