Sleep apnea decisions — 2015

The Board has denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, headaches, sleep apnea, carpal tunnel syndromes, hemiplegia, polyneuropathy, and cerebrovascular disease. The decision is based on a lack of current disability as defined by VA standards.

The Veteran's service-connected low back disability is being remanded for a new VA examination to assess the current severity of his condition, as he contends that it has worsened since the last examination. The Veteran also requested additional treatment records.

The Veteran's service-connected disabilities, when taken in conjunction with his education and occupational experience, are insufficient to preclude his participation in all forms of substantially gainful employment. Therefore, the claim for a total disability rating based on individual unemployability is denied.

The Board has determined that a remand is necessary to determine the relationship between the Veteran's sleep apnea and his service-connected conditions, including PTSD, TBI, and asthma.

The Veteran's claim for service connection for sleep apnea as secondary to his service-connected heart disability is being remanded due to the need for additional medical opinion evidence and updated VA treatment records.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for a disability of the lumbosacral spine. The Veteran's low back disability is being remanded for further development, including obtaining medical opinions.

The Veteran's claim for service connection of sleep apnea is being remanded due to the need for a VA examination.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection for sleep apnea and a skin disability. Specifically, another VA examination is required to address whether his current conditions are related to service.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected allergic rhinitis and sinusitis. The increased rating claims for dermatitis of the hands and allergic rhinitis with sinusitis are remanded for further development.

The Veteran's appeal is being remanded for additional development, including verification of his Reserve service dates and types, as well as VA examinations to determine the relationship between his current sleep apnea and depression with any service-connected conditions.

The Veteran's claims for increased evaluations were denied as his lumbosacral strain and right knee disabilities do not meet the criteria for higher ratings under VA rating criteria.

The Board has reopened the Veteran's claim for service connection for sleep apnea and granted it, finding that new evidence supports a finding of in-service incurrence of the condition.

The Veteran's appeal is being remanded due to his inability to attend the scheduled videoconference hearing at the Portland, Oregon RO. His request for a hearing at the Albuquerque, New Mexico, RO has been noted.

The appellant does not have spina bifida, which is the only birth defect that warrants compensation under 38 U.S.C.A. § 1805 for a child born with birth defects as the child of a Vietnam veteran.

The Board has determined that additional development is needed before the claim of service connection for sleep apnea can be decided. The Veteran's current diagnosis of sleep apnea was made after he left military service, and his VA examiner concluded it was more likely caused by weight gain and sarcoidosis post-service.

The Board has determined that the Veteran's request to withdraw his appeal for service connection for COPD is granted. The claim of service connection for sleep apnea as secondary to service-connected CAD is denied. For the entire initial rating period from June 8, 2012, a 10 percent disability rating for left leg scars and a 10 percent disability rating for chest scar are granted. A TDIU is granted effective July 24, 2012.

The Board has reopened the Veteran's claim of service connection for degenerative disc disease of the lumbosacral spine and remanded it for further development.

The Board found that the Veteran's lumbar spine disorder did not begin during service or until many years after, is not related to his in-service gunshot injury, and is not caused or aggravated by any service-connected disability or disabilities. The claim for service connection was therefore denied.

The Veteran's appeal is remanded for additional development, including a VA examination to assess the severity of his service-connected lumbosacral strain with degenerative disc disease and consideration of whether an extraschedular evaluation is warranted based on the combined effect of multiple service-connected disabilities.

The Board has remanded the case for further development, including scheduling a videoconference hearing for the Veteran. The primary issue is whether the Veteran's sleep disorder (including sleep apnea and restless leg syndrome) is related to his service-connected disabilities.