Sleep apnea decisions — 2015

The Veteran's appeals for service connection for regurgitation of the heart valves and cardiac valve disease have been dismissed as he withdrew his appeal.,Service connection has not been granted for pulmonary hypertension. The Board finds that there is no evidence to support this claim.

The Board has determined that the Veteran's sleep apnea is not related to his service, and therefore denied his claim for service connection.

The Veteran's skin rash of behind the ears, fingers, and lateral left foot is rated at 10 percent. The Board found service connection for sleep apnea was warranted based on credible lay statements from the Veteran and his family.

The Veteran's sleep apnea is found to be at least as likely as not related to his military service, and the claim for service connection is granted.

The Veteran's sleep apnea was not manifested in service or until years later and is not otherwise attributable to his active service. The Board finds that the evidence does not support a nexus between the Veteran's claimed disability and active duty service.

The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and scheduling VA examinations to determine the nature and etiology of his claimed disabilities.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and attempting to verify the Veteran's reported motor vehicle accident in service. The Veteran will also be scheduled for a VA examination to determine the nature and etiology of any current low back disability.

The Veteran's appeal is remanded for further action on the issues of earlier effective dates for service connection and a higher initial rating for bilateral pes planus.

The Board has determined that the Veteran's current bilateral hearing loss, acquired psychiatric disorder (including PTSD), sleep apnea, and bilateral eye disability are not related to his military service. The claims for these conditions have been denied.

The Board has determined that the Veteran's current lumbosacral spine disability and bilateral shin splints/stress fractures are not related to service, and thus denied both claims.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms are related to his Gulf War experiences. Service connection is denied for joint pain and arthralgia, leg pain, and night sweats as they do not meet the criteria for fibromyalgia or have a direct relationship with service.

The Veteran's claims of service connection for various disabilities have been denied multiple times, and new and material evidence has not been submitted in all cases. The Board finds that additional development is needed to determine the nature and etiology of his current disabilities.,The Veteran's claims of service connection for various disabilities have been denied multiple times, and new and material evidence has not been submitted in all cases. The Board finds that additional development is needed to determine the nature and etiology of his current disabilities.

The Board found that the Veteran's obstructive sleep apnea is not associated with service or an injury/disease of service origin and denied his claim for service connection.

The Veteran's claims of service connection for liver disorder, gallbladder disorder, kidney lesions and stones, body stress rash release and trauma, polymyalgia rheumatic, bilateral hearing loss, and tinnitus have been granted. The remaining issues are pending.,The Veteran's claim of service connection for erectile dysfunction is pending.

The Board has determined that the Veteran's claimed stomach, sleep apnea, erectile dysfunction, and back disorders are not service-connected as they do not have a direct link to his military service. The conditions were either diagnosed after service or attributed to other causes such as alcohol use.

The Board has decided to remand the Veteran's appeal due to scheduling issues for a hearing before a Veterans Law Judge, via videoconference. The Veteran was originally scheduled for a hearing on August 13, 2014, but his representative requested rescheduling due to previously scheduled hearings with the Social Security Administration.

The Veteran's lumbosacral strain and right hand disability were granted initial ratings of 20 percent, while the iliotibial band syndrome of the left knee was found to warrant a non-compensable rating. Lower extremity radiculopathy associated with lumbosacral strain was not separately rated.

The Veteran's claims for service connection for liposarcoma and schwannoma were denied as there was no evidence of in-service exposure to herbicides, including Agent Orange. The cancers are not presumed due to Vietnam-era service.

The Veteran's appeal is being remanded due to his failure to attend a scheduled personal hearing before the Board of Veterans' Appeals. The case will be returned for further action.

The Veteran's back disability was granted a 10 percent rating, and his right lower extremity radiculopathy received a separate 20 percent rating. The current effective date is October 23, 2012.