Sleep apnea decisions — 2015

The Board denied the Veteran's claims for service connection of hypertension, sleep apnea, and a neck disability. The claim for hearing loss was also denied as it did not meet the criteria for a compensable rating. The Veteran's PTSD was rated at 50 percent from November 21, 2003, but his TDIU claim remains pending.

The Board has determined that the Veteran's sleep apnea was not incurred or aggravated during service and is not related to his service-connected hypertension. Therefore, the claim for service connection for sleep apnea is denied.

The Veteran's claims for service connection for sleep apnea, hemorrhoids, and right elbow residuals status post ganglion cyst removal are all granted. The Veteran has demonstrated current disabilities that had onset during active service.

The Veteran's PTSD has been rated at 70 percent since January 19, 2010. The appeal is pending for a higher rating or an effective date prior to that.

The Veteran's lumbosacral degenerative disc disease, endometriosis, and migraine headaches have been granted service connection with initial ratings of 10%, 10%, and 0% respectively. The lumbosacral spine disability is rated at 20% since February 8, 2013.

The Board has decided to remand the Veteran's claims for service connection for bilateral gout and sleep apnea due to conflicting medical evidence regarding the presence of these conditions during his military service. The Veteran will need a new VA examination to determine if he had these conditions at any point, as well as an evaluation on whether they are related to his military service.

The Board has determined that the Veteran's current GERD and low back disability are not related to service, and thus denied both claims.

The Board has determined that the Veteran's current bilateral tinnitus is related to noise exposure during service, and thus grants service connection for this condition. The other issues are addressed in the REMAND portion of the decision.

The Veteran's appeal is being remanded for additional development, including obtaining addendum opinions regarding the nature and etiology of his claimed fibromyalgia and obstructive sleep apnea.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and development of his medical records.

The Veteran's claim for an increased evaluation for his lumbosacral strain is being remanded due to the need to obtain additional medical records and conduct further examinations.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating for OSA, gout, or DDD of the cervical spine. However, the Veteran was granted an increased rating for radiculopathy affecting the right hand.

The Veteran's claims for increased disability ratings for a service-connected low back disability and a service-connected right knee disability are remanded for further development, including a new VA examination.

The Veteran's sleep apnea was incurred during his active military service, and the Board has granted service connection for this condition.

The Veteran has withdrawn his appeals for the issues of entitlement to increased evaluations for lumbosacral strain with degenerative disc and joint disease status post decompression surgery with residual scar, prior to April 27, 2012, and beginning April 27, 2012.

The Board found no evidence of hearing loss or any other service-connected condition that would support a grant of service connection for the Veteran's claimed disabilities. The Veteran was denied service connection for bilateral hearing loss, chronic headaches, recurrent lumbar strain, sciatica of both lower extremities, and sleep apnea.

The Board has determined that the Veteran is entitled to special monthly pension benefits due to need for regular aid and attendance, as his visual field is at least as likely as not less than 5 degrees in each eye.

The Veteran's sleep apnea is being remanded for clarification and a further VA medical opinion due to recent submissions regarding possible medical nexus between sleep apnea and exposure to burn pits in Iraq.

The Board has determined that a remand is necessary to obtain additional medical opinions and records, as well as to ensure all due process requirements are met.

The Veteran's claim for service connection for myelodysplastic syndrome as a result of exposure to herbicide agents (Agent Orange) was granted. The claims for increased rating in excess of 20 percent for low back disability and TDIU are remanded.