Sleep apnea decisions — 2015

The Board has determined that the severance of service connection for obstructive sleep apnea was improper and restored the Veteran's entitlement to this disability.

The Veteran's appeal was dismissed due to the death of the appellant.

The Veteran's claims for service connection are being remanded to obtain additional medical opinions and to ensure all relevant VA treatment records have been considered.

The Board has dismissed the appeal due to a withdrawal request from the appellant's authorized representative.

The Board has determined that the Veteran's current sleep apnea is not related to his military service and therefore denied his claim for service connection.

The Veteran's VPI is due to UPPP performed at a VA medical facility, but this result is reasonably foreseeable and not caused by any carelessness, negligence, lack of proper skill, judgment error, or similar instance of fault on the part of VA.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining Social Security Administration records.

The Board is remanding the Veteran's claims for additional development and consideration, including to verify his alleged stressors related to PTSD. The claims will be readjudicated in light of all additional evidence.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the severity of her service-connected disabilities and determine if she is unemployable due to those conditions.

The Veteran's claim for reimbursement of medical expenses incurred at a non-VA facility on April 23, 2012 was denied as the treatment did not meet the criteria for emergency treatment.

The Veteran's unauthorized emergency treatment for severe low back pain and leg symptoms on February 1, 2011 is approved as meeting the criteria for reimbursement.

The Veteran withdrew his appeals for the issues of service connection for tension headaches, a sleep disorder, bilateral restless leg syndrome, and skin disorder during the September 2014 Board hearing.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the severity of his sleep apnea and service-connected right knee and left foot disabilities.

The Board has determined that a remand is necessary to obtain additional medical opinions regarding the relationship between the Veteran's sleep apnea and his service-connected deviated septum, as well as to ensure all relevant VA records are obtained.

The Board found that the preponderance of evidence is against a finding that the Veteran's current diagnosed sleep apnea first manifested during his period of service or is otherwise related to his period of service. Therefore, the claim for service connection for obstructive sleep apnea was denied.

The Board has determined that the Veteran's residuals of left knee meniscus tear status post surgical repair are service-connected. The arthritis claim is also granted as it is related to his pre-existing condition aggravated by service. Other claims remain pending.

The Veteran's death was not due to willful misconduct, and at the time of his death he had service-connected disabilities but did not meet the criteria for DIC under 38 U.S.C.A. § 1318.

The Veteran's initial ratings for his service-connected disabilities have been granted and are in effect since the date of claim. The Board is remanding to obtain updated medical evidence regarding the current severity of these conditions.

The Board has determined that the February 2014 VA examination report is inadequate for rating purposes and a new opinion is necessary to determine if the Veteran's obstructive sleep apnea is related to service, including his reported exposure to chemical agents and inability to maintain proper weight in accordance with Army regulations. The examiner should also provide an opinion on whether it is at least as likely as not that the Veteran's obstructive sleep apnea was caused by or aggravated by his service-connected orthopedic disabilities.

The Veteran's lumbosacral strain was manifested by limitation of forward flexion to 80 degrees, but not less than 30 degrees. A rating of 20 percent is granted for the period from May 27, 2007, to September 19, 2009.