Sleep apnea decisions — 2015

The Board has determined that the Veteran's diabetes mellitus is not service connected, but his obstructive sleep apnea was incurred during service.,The Veteran's total disability rating based on individual unemployability due to service-connected disabilities is granted.

The Board has determined that the Veteran's low back disabilities, best characterized as lumbosacral strain and lumbar spine degenerative arthritis and intervertebral disc syndrome, are aggravated by his service-connected bilateral knee disability. As such, the claim for service connection is granted.

The Veteran's claims for service connection for sleep apnea and onychomycosis (brittle nails) were denied as the evidence did not support a finding that these conditions are related to his military service, including presumed herbicide exposure.

The Board has remanded the case due to inadequate medical opinion and need for additional examination.

The Board has determined that the Veteran's migraine disability and sleep apnea are service connected as they were incurred during his active duty.

The Veteran's claim for service connection for bilateral tinnitus was denied as there is no credible evidence of its onset during active service or within one year after discharge.,The Veteran's gout has been rated at 20% since May 2008, and the Board found that it did not meet the criteria for a higher rating based on symptom combinations productive of definite impairment of health.

The Veteran's appeal was denied for service connection for bilateral hearing loss, PTSD, an acquired mental disorder other than PTSD (claimed as anxiety attacks), OSA, and a higher initial rating for diabetes mellitus. The RO found that the Veteran did not meet the criteria for these conditions.

The Board has determined that the Veteran's sleep apnea is related to his military service, resolving all doubt in favor of the claimant.

The Board has determined that the Veteran's current low back disability, diagnosed as lumbosacral strain, is related to his military service and grants service connection for this condition.

The Board has granted service connection for a kidney disorder manifested by microalbuminuria, as secondary to service-connected diabetes mellitus and hypertension. The issue of service connection for sleep apnea remains pending.

The Veteran's claims for service connection were denied as his claimed conditions are not shown to be related to his military service.

The Board has remanded the case for further development due to claims for service connection and TDIU being separately remanded. The Veteran's claim for Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code, prior to June 9, 2011 is also on appeal.

The Board has determined that the Veteran timely filed his December 2013 substantive appeal of the denial of entitlement to service connection for DJD of the lumbosacral spine. The claim is now before the Board.

The Veteran's appeal is being remanded for additional examinations and development of the claims, including obtaining any outstanding records.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining his service personnel records and any SSA disability benefits information. The AOJ should also request updated VA treatment records.

The Board found that the Veteran's cervical spine disorder and sleep apnea are not related to service, and thus denied both claims.

The Veteran's diabetes mellitus, type II, is service-connected due to presumed exposure to herbicides during his military service. The other claims are not addressed as they were not adjudicated by the Board.

The Board has granted service connection for gastrointestinal disability, irritable colon syndrome, and skin disability. The Veteran's right ear hearing loss is also found to be related to service. Service connection for sleep apnea and gastroesophageal reflux disease (GERD) remains pending.

The Board has granted the Veteran's claims for service connection for tinnitus, low back disability (reopening of previously denied claim), and obstructive sleep apnea. The bilateral leg disability claim is remanded to the AOJ.

The Veteran's migraine headaches have been rated as noncompensable since June 4, 2010. Effective November 1, 2011, the Veteran is now rated at 50 percent for his migraine headaches.,From November 1, 2011, the Veteran's service-connected conditions have resulted in a combined disability rating of 70 percent or more, qualifying him for consideration of TDIU.