Sleep apnea decisions — 2015

The Veteran's claim for TDIU is being remanded due to the need for additional development, including obtaining SSA records and ensuring proper consideration of all submitted evidence.

The Veteran's deviated septum is service-connected, with the Board finding that it is related to his service-connected sinus disability.,Obstructive sleep apnea and hypertension were not found to be related to service or a service-connected condition.

The Board has determined that the Veteran's sleep apnea was incurred in service, granting his claim for service connection.

The Veteran's service-connected disabilities do not render him unemployable, and his TDIU claim is denied.

The Board has determined that the Veteran's sleep apnea is not related to his military service and therefore denied his claim for service connection.

The Board has determined that the Veteran's claimed disabilities, including residuals of a neurological disorder (other than TBI), sleep apnea, back disability, and fibromyalgia, were not incurred or aggravated by service.,Therefore, these claims are denied.

The Veteran is seeking to establish service connection for sleep apnea as secondary to his service-connected PTSD. The case is being remanded due to the need for an addendum opinion regarding whether the Veteran's sleep apnea is at least as likely as not aggravated by his service-connected PTSD.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing. He has submitted a motion for a new hearing and has provided medical documentation indicating he was under care following recent surgery, which caused him to miss the hearing.

The Veteran's cause of death from myxosarcoma of the pelvis is not service-connected as there was no in-service exposure to herbicides, and the condition did not manifest within one year after separation from active service or be related to his military service.

The Board has ordered a remand due to the need for an examination to determine if sleep apnea is related to service or present during service.

The Board found that the Veteran's sleep apnea is not related to his military service and denied his claim for service connection. The Board also noted that there was no indication of a pre-existing defective color blindness, but did not address this issue further.

The Board found that the Veteran's sleep apnea was not incurred or aggravated by service, and is not proximately due to a service-connected disability.

The Veteran's claims for service connection were denied as he does not have current diagnoses of the claimed conditions and there is no evidence linking any in-service events to his current disabilities.

The Board has determined that further development is necessary regarding the Veteran's service connection claims for hepatitis C, depression, and obstructive sleep apnea. The case is REMANDED to obtain outstanding VA treatment records, military personnel records, and determine the nature and likely etiology of these conditions.

The Veteran's service-connected lumbosacral spine disability and associated radiculopathy have been rated at the highest available rating of 20 percent since September 14, 2009. The Board finds that this rating is appropriate based on the evidence showing no more than moderate neurologic impairment throughout the appeal period.

The Veteran's lumbar spine disorder was service-connected on August 13, 2007. Effective dates for the left and right knee disorders were established in July 2009, while an effective date of July 23, 2012, was assigned for his psychiatric disorder.,The Veteran's lumbar spine disorder is presumed to have manifested during service.

The Board found that sleep apnea did not manifest during service and is not otherwise due to a period of active service or period of active duty for training. As such, the Veteran's claim for service connection for sleep apnea was denied.

The Board has reopened the claim of service connection for sleep apnea and granted it, finding that new evidence supports a diagnosis of sleep apnea during service and since then.

The Veteran's claim for service connection for sleep apnea and an increased evaluation for a lumbosacral strain with degenerative disc disease is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination. The issue of an increased evaluation for the lumbosacral strain with degenerative disc disease requires issuance of a Statement of the Case (SOC).

The Veteran's service-connected chronic lumbosacral strain has been rated at 20 percent since the initial grant of service connection, and continues to meet this rating based on painful limitation of motion without ankylosis or incapacitating episodes.