Sleep apnea decisions — 2015

The Board found that the Veteran's back condition was not present during service and did not manifest until many years after service. The evidence does not support a finding of direct service connection or secondary service connection.

The Board has determined that the Veteran's sleep apnea and bilateral hearing loss are not related to his military service, and thus denied both claims. The Veteran is therefore not entitled to an initial compensable evaluation for either condition.

The Board denied service connection for obstructive sleep apnea but granted entitlement to Total Disability based on Individual Unemployability (TDIU) due to the Veteran's service-connected disabilities.

The Veteran's initial increased rating for sleep apnea was denied prior to May 29, 2014. For the period beginning May 29, 2014, a higher rating of 50% is granted.

The Veteran's claims for service connection, increased rating for lumbar spine disability, and TDIU are being remanded due to the need for additional medical examination and development of records.

The Veteran's appeal is being remanded for additional development to obtain medical records and provide the Veteran with a VA examination regarding his claimed left shoulder condition, right shoulder condition, hemorrhoids, COPD, and sleep apnea.

The Veteran's claims for increased ratings and TDIU were denied because he failed to report for scheduled VA examinations without providing good cause.

The Board has granted service connection for right ear hearing loss and sleep apnea, finding that the Veteran's current conditions are at least as likely as not related to his in-service noise exposure.

The case is being remanded for additional development including a new VA examination to address the Veteran's claim of service connection for chronic lumbosacral strain, also claimed as back problems. The examiner will need to consider the November 1969 diagnosis and the Veteran's lay description of continuous symptoms dating from his period of service.

The Board has decided that the issues of service connection for sleep apnea and residuals of a right thyroid mass with tracheal deviation, status post total thyroidectomy, must be remanded due to insufficient development.

The Veteran's sleep apnea is found to be aggravated by his service-connected nasal fracture, and the Board grants service connection for this condition.

The Board denied the Veteran's claims for service connection for sleep apnea, right knee disorder, diabetes mellitus, peripheral neuropathy of upper and lower extremities, and myasthenia gravis. The evidence submitted since the April 2006 rating decision did not provide new and material evidence to reopen any of these claims.

The Board has determined that additional development is needed for the Veteran's claims of service connection for a lumbar spine disability, right knee disability, and sleep apnea. The case will be remanded to allow for further examination and opinion.

The Board has determined that the Veteran's obstructive sleep apnea is related to service and grants service connection for this condition. The gastrointestinal and/or abdominal disability, including the residuals of ventral hernias and GERD, are also granted as they are considered direct service-connected based on evidence showing their onset during service.

The Veteran's appeal is being remanded for further development, including issuance of Statements of the Case and scheduling a videoconference hearing. The issues include rating an increased disability for bilateral pes planus, service connection for various disabilities, and review of a reduction in rating for plantar fasciitis.

The Board found no evidence of a chronic lumbosacral spine disability in service and denied the Veteran's claim for service connection.

The Board has granted service connection for peripheral neuropathy of the lower extremities and assigned a noncompensable rating. The Veteran's right upper and left upper extremity peripheral neuropathy are each rated at 10 percent.

The Veteran's currently diagnosed obstructive sleep apnea is found to be etiologically related to service, thus granting the claim for service connection.

The Veteran's depression is service connected as secondary to his service-connected back and lower extremity disabilities. His tinnitus, sleep apnea, high cholesterol, asthma, and hypertension are not service connected.

The Board has remanded the case due to incomplete medical records and the need for a VA examination to determine if sleep apnea is related to service, as well as an evaluation of the Veteran's lumbar strain.