Sleep apnea decisions — 2015

The Veteran's appeal is being remanded to obtain additional service treatment records and to schedule him for appropriate examinations. The claims will be readjudicated after these actions.

The Veteran's petition to reopen a claim of service connection for a sleep disorder was granted. The Board found new and material evidence in the form of a diagnosis of sleep apnea, which is related to his military service.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for a new examination to assess his lumbosacral spine disability and determine the nature and etiology of his claimed cervical and thoracic spine and right shoulder conditions.

The Board has decided to remand the case for additional development, including obtaining VA treatment records and an addendum opinion regarding the etiology of the Veteran's current lumbar spine disabilities.

The Veteran's service connection for diabetes mellitus, type II was granted effective November 7, 2005. The earlier effective date claim is denied.

The Board has determined that the Veteran's claims for service connection for hypertension, erectile dysfunction, and sleep apnea as secondary to his service-connected diabetes mellitus have not been substantiated by the evidence of record.

The Board has remanded the Veteran's claims due to insufficient evidence regarding the nature and etiology of his claimed disabilities, specifically asthma, GERD, a lumbar spine disability, bilateral foot disability, and obstructive sleep apnea. The AOJ is instructed to obtain updated VA and private treatment records, schedule appropriate examinations, and provide addendum opinions as requested.

The Board has remanded the Veteran's claims for further development, including a VA examination to address whether his sleep apnea is related to service-connected disabilities and if he is unemployable due to his service-connected conditions.

The Board has determined that the Veteran's sleep apnea is not related to service or his service-connected PTSD, and thus denied the claim for service connection.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of service connection for degenerative disc disease of the lumbosacral spine, including as due to service-connected left ankle arthritis. The claims for right ankle disability, plantar fasciitis of the right foot, skin disability of the back of the head and feet, gastrointestinal disability, to include gastritis, and residuals of a left buttock strain were denied on the merits.

The Veteran's claim of service connection for sleep apnea has been reopened, and it is at least as likely as not that his obstructive sleep apnea began during active military service. The Veteran's PTSD and tension headaches are rated based on their impact on daily life.

The Veteran is seeking service connection for obstructive sleep apnea, which he claims was incurred during service and/or aggravated by his service-connected PTSD. The Board has determined that the September 2010 VA examination report is inadequate as it does not address whether the Veteran's claimed sleep apnea was incurred in or caused by service.

The Board has granted service connection for the Veteran's sleep apnea, finding that it is related to his military service and not due to PTSD.

The Veteran died in July 2010 due to esophageal cancer. The VA determined that his service-connected post-gastrectomy syndrome and hiatal hernia did not cause or contribute to his death, as the cause of his cancer was linked to smoking and male gender rather than any service-connected condition.

The Board has remanded the Veteran's claims due to a lack of VA examinations for his obstructive sleep apnea and joint conditions, as well as an insufficiently developed record regarding his right fifth metacarpal disability. The case is now pending for further development.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining more recent treatment records and providing an appropriate VA examination.

The Veteran's service-connected disabilities, including lumbosacral strain with degenerative changes and limitation of motion of the cervical spine, have rendered him unemployable as of May 5, 2014.

The Veteran's low back disability was rated at 40 percent from April 5, 2007 to May 28, 2008 due to forward flexion limited to 20 degrees with pain.

The Board has remanded the claims for service connection for headaches, low back disability, bilateral knee disabilities, acid reflux, and sleep apnea due to inadequate medical opinions in the February 2011 decision. The dental claim is also being remanded for additional VA examinations and medical opinions.

The Veteran's initial claim for a higher evaluation for his lumbar spine disability was granted, with the effective date set at the date of receipt of the claim. The current rating of 20 percent is maintained prior to December 11, 2013, and an increased rating to 40 percent is granted from that date.