Sleep apnea decisions — 2015

The Board found that the Veteran's respiratory disorders, including chronic obstructive pulmonary disease and sleep apnea, were not incurred in or aggravated by service. The claim for asthma was also remanded.

The Board denied the Veteran's claims for service connection for various conditions, including degenerative disc disease of the lumbar spine, a heart disorder, hypertension, erectile dysfunction, and sleep apnea. The appeal is remanded to the AOJ.

The Board has granted service connection for lumbosacral strain and degenerative arthritis of the spine as secondary to service-connected knee disabilities. The issues regarding increased ratings for right knee disabilities are remanded.

The Board has remanded the case for additional development, including VA examinations and consideration of new evidence. The Veteran's dental malocclusion and sleep apnea claims are pending.

The Veteran's initial ratings for his cervical spine, lumbosacral spine, left hip, GERD and chronic sinusitis disabilities have been denied as they do not meet the criteria for a higher rating under the applicable VA Rating Schedule.

The Veteran's service connection for lumbosacral strain was granted with an effective date of April 19, 1995. The rating assigned is 10 percent.

The Veteran's claims for initial compensable ratings for his service-connected low back disability and right shoulder disability are being remanded to allow for further development, including VA examinations.

The Board has determined that the Veteran's obstructive sleep apnea is related to active military service, granting service connection. For his status post right inguinal hernia repair, the evidence does not meet the criteria for a compensable disability rating.

The Veteran's appeal is being remanded for additional development, including a VA examination to address the current severity of his service-connected sarcoidosis and whether sleep apnea was incurred during active service. The Veteran also needs to provide evidence supporting that his child K. graduated from high school in May 2009.

The Veteran withdrew his claim for an initial, compensable rating for erectile dysfunction during a hearing before the Board of Veterans' Appeals. The appeal regarding service connection for obstructive sleep apnea is being remanded to the agency of original jurisdiction.

The Board has decided to remand the case for additional development, including obtaining updated medical records and scheduling a VA examination.

The Veteran's claims for increased ratings and service connection were denied. The Veteran was not granted any new or material evidence to reopen his previously denied hookworm/parasitic disease and diabetes mellitus type II issues.

The Veteran's claims for hypertension, obstructive sleep apnea, diabetes mellitus, and pes planus were all granted. The diagnoses are considered to be directly related to his service.

The Board has remanded the case for further development, including a medical opinion on whether sleep apnea is related to service and/or service-connected conditions.

The Veteran's appeal is denied as the service connection for all claimed conditions has been granted, but no higher ratings are warranted.,No effective date earlier than May 16, 2013, is assigned for SMC at the housebound rate.

The Veteran's claims for higher initial ratings were denied across multiple conditions, with the Board finding that the evidence did not meet the criteria for a rating in excess of 10 percent.

The Board has determined that the Veteran's left shoulder scar, status post excision of leiomyosarcoma, does not meet the criteria for a compensable initial rating.

The Board has determined that the Veteran's service-connected disabilities, including degenerative disc disease of the lumbosacral spine, right knee replacement, left knee chondromalacia and left knee debridement, were the underlying cause of his death from cardiac arrhythmia due to coronary artery disease. The Appellant's testimony supports this finding.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation from February 9, 2010.

The Veteran's claim for service connection for a low back disability has been reopened due to the submission of new and material evidence. Service connection is not granted as his current condition is found to be the result of willful misconduct.,The Veteran's claim for service connection for sleep apnea has also been reopened due to the submission of new and material evidence. However, service connection cannot be established as there is no direct link between his in-service exposure and his current condition.