Sleep apnea decisions — 2015

The Veteran's service-connected Type II diabetes mellitus is found to be the cause of his obstructive sleep apnea, and therefore he is granted service connection for this condition.

The Veteran's claims for increased disability rating and individual unemployability due to service-connected disabilities are being remanded for additional development.

The Veteran's appeal is granted. Service connection for sleep apnea, right knee degenerative joint disease, and posttraumatic headaches are all established. The reduction of the disability rating for right knee instability from 10% to noncompensable effective February 1, 2010 is upheld. An initial rating in excess of 10 percent for posttraumatic headaches is denied.

The Board has remanded the case due to conflicting information regarding the Veteran's hearing request. The Veteran is entitled to a videoconference hearing at the earliest opportunity.

The Board has determined that the Veteran's current obstructive sleep apnea disability is directly related to his active service, and thus grants service connection for this condition.

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

The Board has determined that the Veteran's low back disability is proximately due to or the result of his service-connected right femur fracture, and thus grants service connection for this condition.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and a vocational rehabilitation examination.

The Board has remanded the Veteran's claims of service connection for obstructive sleep apnea and PTSD due to incomplete development, including a need for additional medical opinions regarding the etiology of these conditions.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, but the case is now being remanded to obtain a new opinion on both direct and secondary service connection.

The Board found that the Veteran's obstructive sleep apnea did not have onset during service, was not caused by service-connected disabilities, and was aggravated by a service-connected disability (PTSD). Therefore, it denied the claim for service connection.

The Veteran's claim for an initial compensable rating for bilateral hearing loss was denied. The Board found that the Veteran's hearing loss did not meet the criteria for a higher evaluation under VA's schedular guidelines. Service connection claims for back, respiratory, and hypertension disorders are also pending.

The Board has reopened the Veteran's claims for service connection for frostbite of the hands and chronic lumbosacral sprain, to include as secondary to service-connected status post-arthroscopy, left medial and lateral meniscus tear. The evidence received since the last final rating decision relates to an unestablished fact necessary to substantiate these claims.

The Veteran's service-connected disabilities, when considered together, render him unemployable. The case is REMANDED for a comprehensive examination to determine the combined effect of his service-connected disabilities on his ability to secure and maintain substantially gainful employment.

The Board has granted service connection for sleep apnea, hypertension, and headaches. The Veteran's sleep apnea had its onset during active service, his hypertension is currently rated at 10 percent, and his headaches are rated at the maximum allowable under Diagnostic Code 8100.

The Board denied an increased rating for lumbosacral strain with intervertebral disc syndrome (IVDS) (lumbar spine disability), granted a higher rating of 40 percent for the lumbar spine disability, and did not address the other issues.

The Board has remanded the case for additional development, including obtaining SSA and New York State disability benefits records, scheduling a VA examination to assess the severity of service-connected disabilities, and readjudicating the claim.

The Board found that the current lumbar spine osteoarthritis is not related to service, and denied the Veteran's claim for service connection. The sleep apnea issue was remanded for further development.

The Veteran's claims for service connection for sleep apnea/hypopnea syndrome and CPAP kick phenomenon have been denied. The Board finds that there is no evidence of a nexus between these conditions and the Veteran's active duty service.

The Board has remanded the case due to issues related to the Veteran's intervertebral disc syndrome and lumbar radiculopathy, including a request for a videoconference hearing that was not conducted.