Sleep apnea decisions — 2015

The Board has determined that the Veteran's sleep apnea began during service and is therefore granted. The low back and gastroesophageal reflux disease claims are remanded for further development.

The Board denied the Veteran's claims for increased ratings and service connection, finding that her hypertension and PCOS did not warrant higher ratings under the applicable rating criteria. The Board also found no evidence of a back disorder or heart disorder incurred in service.

The Veteran's service-connected PTSD has resulted in occupational and social impairment with reduced reliability and productivity, warranting a 50 percent initial rating. The other issues have not been granted.

The Veteran's claims for service connection were denied. The Board found no evidence of current disabilities or in-service incurrences that could be related to the claimed conditions.

The Veteran's claim for service connection for chondrosarcoma, which he contends is secondary to his service-connected fibroma removal, has been remanded due to a conflict in medical opinions regarding the potential origins of the cancer.

The Veteran's appeal is being remanded due to the need for additional records and consideration of a TDIU issue that is inextricably intertwined with the service connection claim for sleep apnea.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for depression. The Veteran's petition to reopen claims for entitlement to service connection for hepatitis C, depression, lumbosacral strain with arthritis, TDIU, and non-service-connected pension were denied.

The Veteran's appeal is being remanded for a combined effects medical opinion to determine if his service-connected disabilities preclude him from securing or following gainful employment. The claim will also be reviewed for extra-schedular consideration.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of anatomical loss or use of both hands, blindness in both eyes with 5/200 visual acuity or less, or deep partial thickness burns, full thickness or subdermal burns, or residuals of an inhalation injury.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that it is reasonably shown to have been caused by his service-connected diabetes mellitus.

The Board has determined that additional development is needed to obtain all pertinent treatment records and to provide the Veteran with a VA examination for his claimed disabilities. The claims are being remanded.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional medical examination and opinion.

The Board found no clear and unmistakable error in the January 2008 and July 2008 rating decisions denying service connection for sleep apnea. The Veteran's claims for increased ratings of left knee PFS and tension headaches were also denied.

The Veteran's claim for an earlier effective date for the addition of her child as a dependent for additional compensation purposes was denied because the first formal claim was received on May 7, 2012. The effective date is set at June 1, 2012.

The Board has granted an effective date of January 30, 2010 for the award of TDIU and a rating of 70% for lumbosacral strain. The earlier effective dates for right lower extremity radiculopathy are also granted.

The Board has remanded the case to determine if the Veteran's sleep apnea is permanently worsened by his service-connected major depressive disorder.

The Board has granted service connection for tinnitus and denied the remaining issues on appeal. The Veteran's bilateral hearing loss claim is remanded due to inadequate etiology opinion, while his obstructive sleep apnea, knee disabilities, and status post septoplasty and turbinectomy claims are also remanded.

The Board has remanded the Veteran's claims due to the need for additional VA examinations and records, as well as further development of the increased rating claims.

The Veteran does not have a diagnosed leg disability, and the Board finds that his hip, knee, and ankle disabilities are not related to military service.

The Veteran's appeal is being remanded to obtain additional medical records, provide the Veteran with VA examinations for his right ring finger and left knee disabilities, and determine if he has any current skin disorders. The service connection theory remains as direct.