Sleep apnea decisions — 2015

The Veteran's appeal of service connection for sleep apnea and TDIU was dismissed as the full benefit sought on appeal has already been granted by a prior rating decision.

The Veteran's service-connected disabilities, including Type II diabetes mellitus, gastroesophageal reflux disease, and coronary artery disease, are found to preclude him from obtaining or maintaining substantially gainful employment.

The Board has determined that the effective date for the grant of service connection for obstructive sleep apnea should be June 1, 2011, as this is the day following the Veteran's separation from active duty.

The Board denied the Veteran's claims of entitlement to service connection for cervical spine disability, sleep apnea, and hypertension. The Board found that there was no clear and unmistakable evidence (CUE) that these conditions were preexisting disabilities.

The Board has determined that the Veteran's obstructive sleep apnea was incurred in service, and grants service connection for this condition.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need for a VA examination and further development of his claims.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling examinations to evaluate his psychiatric disorder and obstructive sleep apnea.

The Veteran's claims for coronary artery disease, liposarcoma, and bilateral hearing loss were denied because there is no evidence of in-service exposure to herbicides or other service-connected conditions that could be linked to these disabilities.,There was insufficient evidence to establish a link between the claimed conditions and active service.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is secondary to his service-connected asthma. The examiner must provide an opinion on whether it is at least as likely as not that the Veteran's sleep apnea was aggravated by his service-connected asthma.

The Board found that the Veteran's current low back disability is not related to service and denied his claim for service connection.

The Board has ordered a VA examination to determine if the Veteran's sleep apnea is related to his service and/or service-connected disabilities, including TBI. The remand was not completed due to lack of review of service records and opinion on causation/aggravation.

The Board found that the Veteran's back disability did not have its onset in service and is not the result of a disease or injury incurred in active service. The claim for sleep disorder, to include sleep apnea, requires additional action prior to adjudication.

The Board determined that the reduction in the rating for the Veteran's service-connected status post lung cancer with sleep apnea from 100% to 50% was proper, effective November 23, 2010.

The Veteran's service-connected disabilities have not rendered him unable to secure or follow a substantially gainful occupation during the period prior to December 6, 2012.

The Veteran has withdrawn his appeal for all issues currently on appeal, including those related to PTSD, fracture of the left fifth metatarsal, lumbosacral strain, chronic left knee strain, and residuals of right knee gunshot wounds and scars.

The Board has determined that the Veteran's sleep apnea had its onset during service and is therefore granted as a result of direct service connection.

The Veteran's body aches due to environmental hazards and sleep apnea have been found to be related to service. The initial compensable rating for left elbow epicondylitis has been granted, effective April 15, 2014.

The Veteran's claim of entitlement to service connection for sleep apnea is being remanded due to the need to verify his periods of active duty and obtain STRs. A VA examination will also be conducted to determine if there is a nexus between the Veteran's current sleep apnea and his military service.

The Board has granted service connection for right ear hearing loss and sleep apnea, which represents a complete grant of the benefits sought on appeal.,Further development is necessary prior to a merits analysis of the Veteran's claim of entitlement to a compensable evaluation for left ear hearing loss and service connection for an ear condition (other than hearing loss).

The Veteran's claim for an initial compensable rating for obstructive sleep apnea prior to August 28, 2002, and a disability rating in excess of 30 percent from that date to May 12, 2010, is denied.