Sleep apnea decisions — 2015

The Board of Veterans' Appeals has decided that the Veteran's obstructive sleep apnea is related to his military service and grants the claim.

The Veteran's claim for a rating in excess of 20 percent for his service-connected lumbosacral spine disability was denied. The appeal also included a request for an earlier effective date for the grant of service connection for radiculopathy of the bilateral lower extremities, which is not addressed by this decision.

The Board has remanded the case for further review of additional evidence submitted by the Veteran. The appeal is not yet decided.

The Veteran's appeal for vocational rehabilitation benefits under Chapter 31, Title 38, United States Code has been withdrawn. The Board is dismissing the appeal.

The Board has denied the Veteran's claims of service connection for sleep apnea, hypertension, and lumbar spine disability. The evidence does not support a finding that these conditions are related to his active service.

The Veteran's current right shoulder and right knee conditions are found to be related to his military service.,The Veteran has been diagnosed with sleep apnea, which is presumed to have developed during his active duty.

The Veteran's appeals for earlier effective dates were withdrawn. The Board has granted service connection for spondylosis and mild degenerative spurring of the lumbosacral spine, as well as sleep apnea, both found to have onset in service.

The Board has remanded the case due to a need for additional examination and evaluation of the Veteran's sleep apnea, specifically regarding its relationship to his service-connected nasal fracture residuals.

The Veteran's sleep apnea was not incurred in service, and the Board finds that his bilateral pes planus did not increase in severity during service. Therefore, both claims for service connection are denied.

The Board has remanded the case for further development due to concerns about the adequacy of the VA examination and the need for additional medical records.

The Veteran is seeking service connection for various conditions, including sleep apnea, bilateral foot disorder, bilateral knee disorder, right ankle disorder, headache disorder, and residuals of Bell's palsy. The Board has determined that additional development is needed to properly address these claims.

The Board denied the Veteran's claims for service connection for congestive heart failure, deviated nasal septum, sinus disability, and COPD. The Board found no evidence of a chronic sinus disability during service and determined that any current sinus disability was not related to service. Service connection was also denied for COPD as the examiner opined it was less likely than not incurred in or caused by service.

The Veteran's appeal has been dismissed due to the death of the appellant.

The Board has remanded the case for additional development and consideration, including obtaining an addendum opinion from a VA examiner regarding the Veteran's respiratory disability and addressing his in-service environmental exposure to fuel, gas, and fumes.

The Veteran has withdrawn all his appeals, including those related to sleep apnea, fatigue (claimed as secondary to PTSD), and an increased rating for PTSD.

The Veteran is not entitled to an increased rate of special monthly compensation based on the need for a higher level of aid and attendance due to his service-connected disabilities.

The Veteran's lumbosacral strain with traumatic arthritic changes, disc space narrowing, kyphosis, and lumbar canal stenosis was rated at 20% prior to July 2, 2014. Since then, he has been rated at 40%. The increased rating is effective July 2, 2014.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for obstructive sleep apnea. The Veteran's current diagnosis of sleep apnea is related to his military service, as evidenced by his wife's testimony and his own statements regarding snoring and fatigue during service.

The Board has granted an effective date of March 13, 2014 for the assignment of a 30 percent evaluation for service-connected COPD. The Veteran's left ankle condition, low back injury, and sleep apnea are all found to be related to his military service.

The Veteran's appeal is remanded for additional development, including obtaining private treatment records and providing a medical opinion regarding the relationship between his service-connected GERD and his newly diagnosed esophageal cancer.