Sleep apnea decisions — 2015

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Board has determined that additional development is needed for the Veteran's claims, including a new VA examination and requests for relevant medical records. The TDIU claim will also be remanded.

The Veteran's claims for increased evaluation and service connection for sleep apnea, secondary to pulmonary sarcoidosis are being remanded due to inadequate medical opinions regarding the relationship between his conditions.

The Board has ordered additional development to address the Veteran's claims for service connection and an initial rating for diabetes mellitus, type II. The issues include cardiovascular disorders including hypertension, peripheral neuropathy of the left lower extremities, erectile dysfunction, and sleep apnea, all secondary to service-connected diabetes mellitus, type II.

The Veteran's PTSD is diagnosed and linked to his service stressors, thus service connection for PTSD is granted. The other issues are not addressed as they do not pertain to service connection.

The Board denied the Veteran's claims for increased disability ratings for his service-connected lumbosacral spine disability, finding that the evidence did not support a higher rating prior to July 18, 2011 and after that date.

The Board has remanded the case due to insufficient opinions regarding service connection for obstructive sleep apnea and a compensable rating for headaches with intermittent dizziness. The Veteran's representative will be notified of the need to submit a statement of the case on the headache issue.

The Board has determined that the Veteran's obstructive sleep apnea, pulmonary emphysema, and bronchitis are not service-connected as they did not have their onset during active duty or were not caused by a service-connected disability.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a sleep disorder disability. The Veteran is also granted service connection for obstructive sleep apnea.

The Board denied all issues on appeal, including the propriety of reducing a rating for arthritis of the PIP joint of the left ring finger.

The Veteran's claims for increased evaluations of her service-connected scoliosis of the lumbosacral spine, right hip strain, left hip strain, and left knee strain are being remanded due to the need for additional development.

The Board has remanded the case due to incomplete records and inadequate medical opinion, requiring further examination and review.

The VA determined that the Veteran's current diagnosis of sleep apnea is not causally or etiologically related to his military service.

The Veteran's appeal for increased ratings for his lumbosacral strain and service connection for a cervical spine condition were denied. His claim to reopen his psychiatric disorder was also denied due to lack of new and material evidence.

The Board finds that the evidence is in equipoise as to whether the Veteran's sleep apnea had its onset during service. Service connection for sleep apnea is granted.

The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and providing the Veteran with VA examinations to assess her service-connected disabilities.

The Board denied the Veteran's claims for service connection for degenerative disc disease of the lumbosacral spine and residuals of left knee surgery, as well as his claim to reopen a previously denied claim for bilateral hearing loss. The Board also found that he was not entitled to TDIU due to lack of any service-connected disabilities.

The Veteran's low back disability is currently rated at 40 percent, and the Board finds that a higher rating is not warranted. The Veteran also has radiculopathy of the left lower extremity associated with his service-connected low back disorder, which warrants a separate 10 percent rating.

The Board denied the Veteran's claims for service connection for sleep apnea and depression, finding no evidence of these conditions during or after service.

The Board has dismissed the issue of an effective date earlier than March 27, 2006 for a 40 percent disability rating for lumbosacral strain due to finality and res judicata principles.