Sleep apnea decisions — 2015

The Veteran's bilateral hearing loss is not service-connected and has been denied.,Prior to November 22, 2013, the Veteran's back strain with intervertebral disc syndrome of the lumbosacral spine was rated as 10 percent disabling and remains denied.,Effective from November 22, 2013, the Veteran's back strain with intervertebral disc syndrome of the lumbosacral spine has been granted a 20 percent rating.,The Veteran's follicular eczema with acne is not service-connected and has been denied.

The Board has determined that the Veteran's obstructive sleep apnea is likely attributable to his active military service, and thus grants service connection for this condition.

The Veteran's service-connected lumbosacral strain has been rated at 20 percent, but the Board found that it warrants a higher evaluation due to its manifestations. The claim for increased rating was denied.

The Board has granted service connection for DJD of the left knee, sleep apnea, residuals of uvula excision, bilateral flat feet, and bilateral heel spurs. The conditions are considered to be due to the Veteran's period of active military service.

From July 15, 2009 to June 25, 2012, the Veteran's lumbosacral strain with degenerative disc disease lumbar spine was manifested by flexion limited to 30 degrees. Prior to this period and after it, the disability level did not meet the criteria for a higher rating.

The Veteran's sleep apnea was found to have its onset during active service, and the Board granted service connection for this condition.

The Board has reopened the claim of entitlement to service connection for sleep apnea based on new and material evidence. However, an effective date earlier than June 28, 2010, for tinnitus is denied as there was no prior formal or informal claim before that date.,The Veteran's request for an earlier effective date for rhinitis has been withdrawn.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of aggravation during his second period of active service and that the preexisting condition existed prior to service.

The Veteran's appeal includes multiple issues related to his service-connected disabilities and new claims. The Board has determined that a remand is necessary for the issuance of a Statement of the Case on certain issues, including those involving sleep apnea and hemorrhoids/dizziness.

The Veteran's service-connected chronic lumbosacral myositis has not been shown to meet the criteria for a higher rating, as his disability does not result in actual limitation of motion or functional loss due to pain.

The Veteran is seeking service connection for sleep apnea, including as secondary to her service-connected PTSD. The appeal is being remanded due to the need for a VA examination regarding the nature and etiology of her currently diagnosed sleep apnea.

The Board has decided the case requires further development due to insufficient evidence regarding the relationship between the Veteran's sleep apnea and service, as well as whether it is secondary to a service-connected condition.

The Board has determined that the Veteran's exposure to environmental hazards, specifically at Camp Lejeune in Okinawa, caused or contributed to his death from metastatic recurrent rhabdomyosarcoma of the prostate. Service connection for the cause of the Veteran's death is granted.

The Board found that the Veteran's pre-existing lumbosacral spine disability was not aggravated by his final period of active service and denied entitlement to service connection.

The Board has remanded the appeal for service connection for PTSD, a disability of the back, erectile dysfunction (ED), sleep apnea, and chronic fatigue syndrome due to potential errors in determining the Veteran's dates of service in the Persian Gulf.

The Board finds that the Veteran's obstructive sleep apnea is not related to service, including any in-service exposure to toxic cleaning chemicals. The evidence does not support a nexus between his current condition and military service.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and arranging for a VA examination to assess the severity of her service-connected low back disability. The Veteran also requested a videoconference hearing.

The Veteran's appeal is being remanded for an addendum medical opinion to address whether his service-connected cerebellar atrophy with truncal and lower extremity ataxia, right upper extremity impairment, and left upper extremity impairment could have caused him to become overweight and develop sleep apnea.

The Board has determined that the Veteran does not meet the criteria for service connection for any of the conditions listed in his claims, and therefore denied all of them.

The Veteran's sleep apnea is being remanded for a VA examination to determine its etiology and whether it is related to service.