Sleep apnea decisions — 2015

The Board finds that the Veteran's sleep apnea is secondary to his service-connected residuals, nasal fracture and grants service connection for this condition.

The Veteran's service-connected lumbosacral strain was granted an initial evaluation of 20 percent, effective May 24, 1995. The appeal for higher evaluations and service connection for hemorrhoids were all granted.

The Veteran's current sleep apnea is found to have begun during active service and continues today, granting service connection.,There is insufficient evidence to establish that the Veteran had diabetes mellitus within one year of separation from service. The high glucose readings noted at the time of service separation are not considered a manifestation of diabetes.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and providing a combined effects opinion on his service-connected disabilities.

The Veteran's claim for an increased rating for his back disability was granted, with a rating of 40 percent effective December 10, 2010.,An earlier effective date for the award of a 40 percent rating for the service-connected spine disability is not warranted.

The Veteran seeks service connection for a lumbosacral spine disorder, including degenerative disc disease. The Board finds that further development is needed before the claim may be adjudicated.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea, asthma and COPD. The Board found that these conditions were not incurred or aggravated by service, including as secondary to service-connected PTSD or asbestos exposure.

The Board has determined that the Veteran's sleep apnea was not incurred in service and is not etiologically related to military service or service-connected hypothyroidism, and is not aggravated by service-connected hypothyroidism. Therefore, the claim for service connection for sleep apnea secondary to service-connected hypothyroidism is denied.

The Board has determined that another VA examination and opinion are needed to address the Veteran's claims for service connection for various conditions, including PTSD, sleep apnea, hypertension, and erectile dysfunction. The appeal is being remanded for these purposes.

The Board has ordered additional development due to incomplete actions in the previous remand. The Veteran's claim for service connection for sleep apnea is being remanded for further examination and opinion.

The Board denied the Veteran's claims for service connection for diabetic retinopathy and sleep apnea, to include as secondary to diabetes mellitus, type II. The Veteran has withdrawn his claim for service connection for diabetic retinopathy.

The Board denied service connection for sleep apnea and the RO denied service connection for umbilical hernia and vision loss. Both decisions are final.

The Board has remanded the case due to incomplete records and a need for an examination to determine if the Veteran's sleep apnea is related to his active military service, including whether it is secondary to his service-connected PTSD.

The Board denied an earlier effective date for the assignment of a 40 percent evaluation for degenerative disc disease of the lumbosacral spine, finding that it was factually ascertainable that the increase occurred on August 11, 2005.

The Veteran's service-connected disabilities have rendered him unable to secure or follow substantially gainful employment, and the Board has granted a TDIU based on this finding.

The Board has decided to remand the case for additional development, including obtaining updated treatment records and providing an addendum medical opinion addressing all theories of entitlement.

The Board has determined that the Veteran does not have PTSD related to service stressors, and his respiratory condition (asthma) existed prior to service. The appeal for service connection for hemorrhoids was withdrawn by the Veteran.

The VA denied the Veteran's claim for service connection of obstructive sleep apnea as secondary to his service-connected hypertension, finding that there was no evidence supporting a causal relationship between the two conditions.

The Board denied the Veteran's claims for service connection for sleep apnea and skin cancer, right side of face, as both conditions are not shown to be related to his military service.

The Board denied service connection for sleep apnea and asbestosis, finding that the evidence did not support a link between these conditions and the Veteran's military service.