Sleep apnea decisions — 2015

The Board has determined that the Veteran's sleep apnea is secondary to his service-connected allergic rhinitis, and thus grants service connection for this condition.

The Board found that the Veteran did not file a timely substantive appeal for her claims and denied them based on lack of evidence to support her service connection claims.

The Board has determined that additional development is needed, including obtaining VA treatment records and scheduling the Veteran for examinations. The appeal will be remanded to allow these steps.

The Veteran's appeal has been withdrawn due to the Veteran's request for withdrawal at a hearing before the Board of Veterans' Appeals.

The Veteran's appeal is being remanded to the AOJ for further development, including scheduling a video-conference hearing before the Board.

The case is being remanded for additional development to obtain missing records, provide a medical opinion regarding the Veteran's hypertension and coronary artery disease, and determine the nature and etiology of his sleep apnea.

Service connection for sleep apnea and anemia is not granted as there is no evidence of record linking these conditions to service or a service-connected disability.,Compensable ratings for hemorrhoids, internal derangement of the left knee, and lumbosacral strain are denied.

The Veteran's sleep disorder, to include sleep apnea, was not shown to be causally or etiologically related to his active military service.

The Board has remanded the case for a medical addendum and further development to determine if sleep apnea is secondary to service-connected PTSD.

The Board has granted the Veteran's claims to reopen his service connection for left and right knee degenerative joint disease.,The Veteran is also seeking increased ratings for his depression, bilateral hip disabilities, and hypertension.

The Board finds that the Veteran's sleep apnea is secondary to his service-connected residuals of left and right mandible fractures, and grants the claim for service connection.

The Veteran's PTSD has been granted a higher initial rating of 70 percent, effective March 5, 2012. Service connection for tinnitus, bilateral hearing loss, sleep apnea, migraines, back injury, and residuals of left ankle/foot injury have also been established.

The Board has remanded the case for further development, including obtaining a VA opinion regarding the etiology of the Veteran's sleep apnea and whether it is related to his service-connected chronic fatigue.

The Veteran's lumbosacral strain with degenerative disc disease is rated at 10 percent, and his right leg sciatica and left leg sciatica are each rated at 20 percent. The effective dates for the ratings are April 11, 2011.

The Board has found that the Veteran's bilateral hearing loss disability is service-connected. The issues of entitlement to service connection for sleep apnea and lumbar spine disorder, as well as increased rating for left thumb scar are addressed in the REMAND portion of this decision.

The Veteran's claim for service connection for frostbite residuals of the hands and feet has been reopened, and he is now service-connected. His claim for sleep apnea as secondary to his service-connected allergic rhinitis and sinusitis has also been granted.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to address his service connection claims.

The Veteran's sleep apnea and skin condition were not service connected. The Board found no evidence of a direct relationship to military service, nor could the secondary relationship be established.

The Veteran's lumbar spine disability is rated at 20 percent, the highest schedular rating available for this condition. The Board finds that his symptoms and functional impairment warrant this rating.

The Veteran's claims for service connection for PTSD and TDIU were granted, with the PTSD claim being based on direct service connection due to combat exposure. The TDIU claim was also granted as the Veteran met the schedular criteria for TDIU and his service-connected disabilities likely precluded him from securing or following a substantially gainful occupation.