Sleep apnea decisions — 2015

The Board has vacated the July 8, 2014 decision regarding service connection for PAN and granted service connection for PAN. The issue of service connection for Meniere's disease is remanded.

The Veteran's service connection for left corneal scar and embedded metallic foreign body with resultant intermittent eye pain and glare was granted, but the effective date remains December 13, 2010. The claim for sleep apnea is pending. The Veteran does not meet criteria for a higher rating based on visual acuity or incapacitating episodes.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during service and is therefore granted service connection.

The Veteran's obstructive sleep apnea is at least as likely as not related to his military service, and the Board grants service connection for this condition.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private medical records, scheduling a VA examination to assess the severity of his service-connected lumbosacral degenerative joint disease with degenerative disc disease, and determining whether he is unemployable due to his disabilities.

The Board has determined that the Veteran's low back disorder is not related to his military service, and he does not meet the criteria for service connection.,Tinnitus was found to be due to noise exposure during service.

The Veteran's claim for service connection for a left shoulder disability was denied as the evidence does not show that his current condition is related to military service or a service-connected disability.,Claims for increased ratings and effective dates were also denied due to lack of factual ascertainability within one year of the September 29, 2004 claim.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and copies of SSA disability benefit determinations. The claim for a TDIU due to service-connected lumbosacral strain will also be addressed.

The Board found that the Veteran does not have sleep apnea attributable to his military service and denied his claim for service connection.

The Veteran's claims for higher initial ratings for lumbosacral spine disability and right lower extremity radiculopathy were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's appeal is remanded due to the need for a new VA examination and additional treatment records. The issue of an initial compensable rating for his service-connected scar, status post excision of leiomyosarcoma of the left shoulder, will be re-adjudicated.

The Veteran's claim for service connection for degenerative joint disease, generalized claimed as joint pain due to an undiagnosed illness has been reopened. The claim for sleep apnea disability is not considered new and material evidence.

The Board denied service connection for diabetes mellitus, a skin disorder, peripheral neuropathy of the lower extremities, and cubital tunnel syndrome of the upper extremities. The claims were based on direct evidence rather than presumptive exposure to herbicides.

The Board has reopened the claim for service connection for fatigue and granted service connection for schizophrenia, but denied all other issues on appeal.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for lumbosacral strain. The Veteran's current back disability, diagnosed as arthritis and myofascial lumbar syndrome, is found to be related to active service.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to assess the severity of his service-connected disabilities.

The Veteran's claims for initial evaluations of his service-connected disabilities are being remanded due to the need for additional development.

The Veteran's low back disability is rated at 40 percent effective May 9, 2011. A separate noncompensable rating for left leg sciatica neuropathy remains in effect.

The Board has granted service connection for left ear damage with dizziness, sinusitis, sleep apnea, and pseudofolliculitis barbae. The Veteran's complaints of these conditions during service are supported by the medical records, which show symptoms such as pain, popping, dizziness, and drainage in his ears and nose.

The Veteran's lumbosacral strain disability is rated at 10 percent since the beginning of the appeal period, and his left shoulder disability is also rated at 10 percent. Both conditions are considered to be service-connected based on direct evidence.