Sleep apnea decisions — 2015

The Veteran's hypertension and sleep apnea are being remanded for additional development to determine their etiology, including whether they are related to service-connected disabilities or herbicide exposure.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's obstructive sleep apnea is exacerbated by his service-connected PTSD, and thus grants service connection for this condition.

The Veteran's tinnitus is service connected.,The issues of whether new and material evidence has been received to reopen a claim of service connection for right knee PFS, to include as secondary to left knee PFS; entitlement to service connection for OSA, to include as secondary to service-connected disabilities; and seeking a rating in excess of 10 percent for lumbar spine DDD are being REMANDED.

The Veteran's service connection claims for sleep apnea and shortness of breath (previously claimed as trouble breathing) have been granted, with effective dates set at the date of receipt of the application to reopen the claims.

The Board has decided to remand the case for further development, including a new VA examination and obtaining treatment records. The Veteran's claim of entitlement to a rating greater than 40 percent for lumbosacral strain is being returned to the Department of Veterans Affairs (VA) Regional Office for additional consideration.

The Veteran's appeal is about a higher rating for his service-connected thoracolumbar spine disability, specifically regarding neurological manifestations and whether he should receive a separate rating based on incapacitating episodes. The case has been remanded to obtain additional medical opinions and records.

The Board has remanded the case due to incomplete records and inaccurate histories used in previous opinions. The Veteran's service connection claims for respiratory disability, hypertension, and bilateral knee disabilities are being reviewed with new medical opinions.

The Veteran's claim for an increased rating for his lumbosacral strain with mild to minimal broad-based disc bulge at L4-5 and L5-S1 is being remanded due to the need for proper development of the record, including providing a Supplemental Statement of the Case (SSOC) considering all evidence since February 2009.

The Veteran's claims for bilateral pes planus, plantar fasciitis, and right knee disorder are denied as there is no evidence of a service connection. The claim for sleep apnea is remanded due to the need for further development.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during his military service and granted service connection for this condition.

The Veteran's claim for service connection for sleep apnea and pulmonary effusions has been granted. The Board finds that the current disability is related to active service, resolving all reasonable doubt in favor of the Veteran.

The Board has denied the Veteran's claims of service connection for chronic otitis media, adult fibrosarcoma, dermatofibrosarcoma, residuals of a left wrist injury, and asthma. The Veteran's hearing loss is granted as service connected.

The Board has remanded the case for additional development, including obtaining medical opinions and reviewing SSDI records.

The Veteran's appeal for service connection for a low back disability and an initial compensable rating for bilateral hearing loss has been dismissed. The Board found that the Veteran withdrew his appeals on these issues during his April 2015 hearing. Service connection was granted for sleep apnea.

The Veteran's appeal is remanded for additional development, including a new VA examination to assess the current severity of his service-connected left knee disability and to determine the degree of occupational impairment resulting from his service-connected disabilities. A VA examination is also required to opine as to whether the Veteran's sleep apnea was incurred in or aggravated by active duty or is related to his active service.

The Board has determined that the Veteran's sleep apnea is etiologically related to his active duty service and grants service connection for this condition.

The Board finds that the Veteran's sleep apnea was incurred during active service and grants service connection for this condition.

The Veteran's appeal has been dismissed due to his death. No decisions were made on the merits of any claims.

The Veteran's initial disability ratings for sleep apnea, sarcoidosis, and degenerative joint disease of the right knee have been granted. The Veteran is seeking higher initial ratings for these conditions.

The Board denied the appellant's appeal, finding that his character of discharge from service was under dishonorable conditions and thus barred him from VA benefits.