Sleep apnea decisions — 2015

The Board has determined that the Veteran's seborrheic dermatitis had its onset in service and granted service connection for this condition. The remaining claims are pending further development.

The Board has remanded the case due to insufficient information to make a decision on the service connection claim for sleep apnea. The Veteran's representative argues that there is a link between his current sleep disorder and his service-connected disabilities, but an examination is needed to determine this.

The Board has determined that the Veteran's intervertebral disc disease of the cervical spine and right arm neuropathy and myopathy are related to his military service. The lumbosacral degenerative disc disease and degenerative joint disease status post-surgery with residual scars have also been granted as a direct result of service connection.

The Veteran's appeal is remanded due to inadequate medical opinions regarding the relationship between his sleep apnea and service-connected hypertension, as well as a need for further examination on direct service connection.

The Veteran's claim for service connection for sleep apnea was reopened, but new evidence did not relate to an unestablished fact necessary to substantiate the claim.,The Veteran's diabetes mellitus requires insulin and a restricted diet, but does not require avoidance of strenuous occupational and recreational activities. The current rating of 20% is maintained.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing at the RO.

The Veteran's service-connected disabilities, including his mood disorder and multiple spine and nerve conditions, have rendered him unable to maintain substantially gainful employment since September 14, 2010. A total rating for compensation purposes based on individual unemployability is granted.

The Board has granted service connection for Degenerative Disc Disease of the Lumbosacral Spine and found that it is related to the Veteran's military service. The claim for an increased rating remains pending.

The Board has denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, obstructive sleep apnea, asthma/asbestosis, skin cancer, foot skin disorders, left knee arthritis, traumatic arthritis of the lumbar spine, and arthritis of other joints (excluding the left elbow). The reasons provided are that there is no evidence linking these conditions to service or secondary to any service-connected disability.

The Veteran's claims are being remanded for additional development, including obtaining new VA examinations to assess the severity of his bilateral knee conditions and back condition.

The Board has reopened the Veteran's claim for service connection for obstructive sleep apnea and determined that new and material evidence has been received. The Board also found that the Veteran's obstructive sleep apnea is related to his military service.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional development, including a VA examination and compliance with statutory and regulatory notice requirements.

The Board granted a rating of 20 percent for the Veteran's lumbosacral spine DDD, effective from June 2013. The appeal regarding entitlement to TDIU on an extraschedular basis is addressed in the REMAND portion.

The Board has reopened the Veteran's claim for service connection for anxiety disorder with depression, finding that new and material evidence has been received. The Board also granted a 20 percent evaluation for the lumbar spine disability effective from February 21, 1995 to September 13, 2008.

The Veteran's appeal is being remanded to obtain additional medical opinions regarding the etiology of his hearing loss, sleep apnea, and hypertension. The issues on appeal are related to service connection for these conditions.

The Veteran's appeal was dismissed due to his death. No decisions were made on the merits of any claims.

The Board has remanded the Veteran's claims for service connection due to a lack of VA examination and notification. The claims are being returned to the AOJ for further development.

The Board has granted service connection for obstructive sleep apnea and denied the claim of partial blindness. The Veteran's erectile dysfunction is not compensable, but his TMJ disability warrants a non-compensable rating.

The Board has determined that the Veteran's service-connected hepatitis B does not warrant a compensable disability rating under Diagnostic Code 7345, as there is no evidence of active hepatitis or incapacitating episodes. The Veteran's symptoms are attributed to other causes.

The Board has determined that the current VA examiner's opinion is inadequate and requires further review of the Veteran's sleep study findings. The case will be remanded for a supplemental opinion from an appropriate examiner.