Sleep apnea decisions — 2015

The Veteran's claim for reimbursement of unauthorized medical services rendered at OSUMC on February 10, 2010 is denied as the treatment did not meet the criteria for a 'medical emergency' under VA regulations.

The Board has determined that the Veteran's hypertension, PTSD, and obstructive sleep apnea were not incurred or aggravated during service. The evidence does not support a finding of direct service connection for these conditions.

The Veteran has degenerative arthritis and DDD of the lumbosacral spine that is the result of disease or injury incurred during active military service.

The Board has granted service connection for GERD and finds that the Veteran's GERD first manifested during service. The Board also notes that a VA examination is needed to determine if the Veteran's sleep apnea was incurred in service.

The Veteran's appeal is denied as the evidence does not support a higher initial rating for his low back disability, and service connection for cervical spine arthritis was granted but no new rating assigned. The TDIU claim is also pending.

The Board has remanded the Veteran's claims for service connection due to incomplete examination reports and inextricably intertwined issues.

The Veteran's appeal has been withdrawn by the appellant, and thus the case is dismissed.

The Board has granted the claim for service connection for lumbosacral degenerative disc disease and spinal stenosis, finding that it is proximately due to or the result of a service-connected thoracolumbar strain.

The Veteran's appeal is being remanded for additional development, including obtaining VA examination results and Social Security Administration records. The issues of increased evaluation for spondylolisthesis with a lumbosacral strain and disc abnormalities and entitlement to a total disability rating based on individual unemployability are also included in the appeal.

The Veteran's low back disability is found to be secondary to his service-connected right knee disability, and he is granted service connection for degenerative arthritis and disc herniation of the lumbosacral spine. The issue of service connection for neuropathy remains pending.

The Veteran's appeal is remanded to obtain an adequate medical opinion regarding his obstructive sleep apnea and for the issue of initial compensable rating for hypertension.

The Board denied the Veteran's claim of service connection for sleep apnea, finding that it did not begin during his military service and is not otherwise related to his active duty service.

The Veteran's claim for an increased disability rating for his service-connected lumbosacral strain is being remanded due to the need for additional medical examination and development of VA treatment records.

The Veteran was granted service connection for obstructive sleep apnea and a 100 percent rating for bilateral hearing loss effective July 30, 2010.,The Veteran's claim for an earlier effective date for the 100 percent rating for bilateral hearing loss is denied.

The Veteran's claims for service connection for GERD and sleep apnea have been denied. The claim for GERD has been reopened, but the issues of service connection remain unresolved.

The Board has decided to remand the case due to an inadequate VA medical examination, and a new opinion is needed regarding whether sleep apnea is related to or aggravated by the Veteran's service-connected disabilities.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining relevant treatment records and scheduling a VA examination. The issues of entitlement to service connection for sleep apnea, PTSD, and low back disability are being remanded.

The Veteran's obstructive sleep apnea is found to have been incurred during his active military service, and the claim for service connection is granted.

The VA determined that the Veteran's sleep apnea is not related to his military service and denied his claim for service connection, finding it less likely than not caused or aggravated by his service-connected PTSD.

The Veteran's overpayment of $10,134.60 in VA pension benefits was found to be not against equity and good conscience due to his misunderstanding regarding income reporting requirements.