Sleep apnea decisions — 2015

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

The Board has determined that further development is needed to properly adjudicate the Veteran's claim for service connection for obstructive sleep apnea, including verifying exposure to gases in service and obtaining a medical opinion regarding the etiology of his condition.

The Veteran is seeking service connection for sleep apnea, which he claims is secondary to his service-connected bullous emphysema or cystic disease of the right lung. The Board finds that an addendum opinion is needed to address whether the Veteran's sleep apnea was caused by or aggravated by his service-connected condition.

The Veteran's claims of service connection for bilateral pes planus and obstructive sleep apnea have been reopened, but additional development is needed to determine the nature and etiology of these conditions. The Veteran's GERD claim remains on hold due to a lack of definitive evidence linking his current condition to active duty.

The Board has determined that the Veteran's sleep apnea is as likely as not related to his military service and grants service connection for this condition.

The Board has decided to remand the case due to insufficient medical evidence and a need for clarification on the relationship between the Veteran's sleep apnea and his service-connected atrial fibrillation.

The Board has dismissed the Veteran's appeal for hearing loss, left ear and sleep apnea. The Veteran's acquired psychiatric disability (specifically major depressive disorder) is granted as service-connected.

The Board has determined that the Veteran's low back strain is related to service, and as such, service connection for this condition is granted. However, further examination is needed to determine if degenerative changes in the lumbosacral spine are also related to service.

The Veteran's sleep apnea was not service-connected, and the initial rating for left lower extremity radiculopathy prior to November 27, 2012, and the rating of degenerative disc disease of the lumbar spine post L3-L4-L5 discectomy from March 1, 2010, were denied.

The Veteran's appeal is being remanded for a Travel Board hearing before a Veterans Law Judge at the RO.

The Board has decided that the case needs further examination and evaluation, specifically regarding whether sleep apnea was aggravated by service-connected PTSD.

The Board has determined that the Veteran's sleep apnea, tinnitus, bilateral hearing loss, and left knee disability had their onset in service. Service connection is granted for all four conditions.

The Board has granted service connection for the Veteran's lumbar spine, left hip, and right hip disabilities based on direct service connection. The Veteran now has a full grant of benefits sought.

The Board has remanded the Veteran's claims due to incomplete VA treatment records and the need for a statement of the case on several issues.

From January 20, 2012, the Veteran's lumbar spine disability is manifested by pain, weakened movement, pain on movement, arthritis shown by x-ray findings, and forward flexion limited to 30 degrees or less. The Board finds that a rating of 40 percent is warranted for this period.

The Board has determined that new and material evidence has been presented to reopen the claim for service connection for sleep apnea. The remaining issues are addressed in the REMAND section.

The Veteran's request for a Board videoconference hearing has not been scheduled, and the case is being remanded to do so.

The Veteran's appeal is being remanded due to the need for additional records and further development of his claim.

The Board has denied the Veteran's claims for service connection for sleep apnea, right shoulder disorder, left shoulder disorder, psychiatric disorder (to include PTSD and depression), and chronic disability due to substance abuse. The issues of service connection for a psychiatric disorder are remanded as they are inextricably intertwined with the claim for service connection for a chronic disability due to substance abuse.

The Veteran's headaches, right ear disabilities, left ear disease, and back disability are service-connected. The effective date for the increased rating of 20 percent for the back disability is set at April 19, 2006.