Sleep apnea decisions — 2015

The Veteran's sleep apnea is found to be etiologically related to her active service, and the Board grants service connection for this condition.

The Board found that the Veteran's obstructive sleep apnea is not caused or aggravated by his service-connected diabetes mellitus, and thus denied the claim of secondary service connection.

The Board denied the Veteran's claims for service connection for various conditions, including bilateral shoulder disability, low back disability, sinusitis and allergic rhinitis, eye disability (undiagnosed illness), sleep apnea (undiagnosed illness), chronic fatigue syndrome (undiagnosed illness), and an acquired psychiatric disorder. The appeal was also denied regarding the reopening of a claim for service connection for PTSD.

The Board has determined that a new VA examination and medical opinion are needed to address the Veteran's claims for service connection for obstructive sleep apnea, including whether it is related to his service-connected psychiatric disorder. The case will be remanded for these actions.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board has remanded the case for additional development to address whether service-connected diabetes mellitus caused or contributed substantially or materially to the Veteran's death, and to clarify if any other conditions listed on his death certificate were related to service.

The Veteran's appeal is being remanded due to scheduling issues and the need for a statement of the case on her claim for service connection for sleep apnea.

The Veteran's appeal was dismissed due to his death, and no jurisdiction remains for the merits of the case.

The Veteran's claims for increased ratings and service connection have been dismissed as he withdrew his appeal.

The Veteran's widow was granted service connection for the cause of the Veteran's death due to leiomyosarcoma caused by Agent Orange exposure. The appellant, who is the Veteran's adult daughter and born in 1972, did not meet the age eligibility criteria for DEA benefits as she had reached her 26th birthday before the effective date of the permanent and total disability rating.

The Veteran's appeal has been withdrawn due to his request for withdrawal of the issues regarding asthma, Achilles tendon rupture residuals, allergic rhinitis, hypertension, right (major) shoulder dislocation, postoperative with residual scar, left knee effusion, postoperative, and insomnia.

The Veteran's claims for service connection for sleep apnea, functional myoclonis, and hyperaldosteronism are being remanded due to the need for additional examinations. The Veteran's claim for an increased rating for PTSD and major depression is also being remanded.,The Veteran's claim for a higher initial rating for right shoulder tendonitis is being remanded due to the need for an updated examination.,The Veteran's claim for a higher initial rating for left shoulder tendonitis is also being remanded due to the need for an updated examination.,The Veteran's claim for a higher evaluation for degenerative joint disease of the cervical spine remains before the Board as it includes both orthopedic and neurological manifestations.

The Board has remanded the case for further development, including verification of the Veteran's periods of active duty and inactive duty training, an examination to determine if his sleep apnea is caused or aggravated by a service-connected nasal fracture with deviated septum, and other necessary actions.

The Veteran's sleep apnea is found to be related to his active service, and the claim for service connection is granted.

The Veteran's service connection claim for sleep apnea is granted, as the Board finds that his current diagnosis of sleep apnea had its onset during his military service. The reduction in rating for status post fracture, left 5th finger was not proper.

The Veteran withdrew his appeals for initial compensable evaluation for pes planus with a left heel spur and service connection for residuals of a right elbow injury prior to the Board's decision.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance is being remanded due to the need for further development, including a VA examination.

The Veteran's claims for increased ratings and service connection were denied. The Veteran was not granted any new rating or benefits.

The Veteran withdrew his appeal for the claims of service connection for hypertension, shortness of breath due to lung and liver problems, diabetes mellitus, sleep apnea and hemorrhoids.

The Veteran's appeal is being remanded due to the need for a new examination and consideration of VA treatment records. The issue remains about entitlement to an initial disability evaluation in excess of 10 percent for lumbosacral radiculopathy.