Sleep apnea decisions — 2015

The Veteran's service-connected obstructive sleep apnea was shown to require a breathing assistance device as of February 8, 2011. A rating of 50 percent has been assigned for this period.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private medical records, as well as a VA examination to address the etiology of his claimed disabilities. The issues on appeal include service connection claims for various conditions.

The Veteran's service connection claims for hypertension, carcinoma of the abdominal cavity (status post-surgical removal), kidney stones, psoriasis, and obstructive sleep apnea have been granted based on a presumption of service connection due to exposure during Gulf War service.

The Board has determined that the case should be remanded for an addendum medical opinion regarding the Veteran's scoliosis and its relationship to service, as well as whether his current back disability is aggravated by a service-connected right knee disability.

The Board has determined that further development is needed to determine the nature and etiology of the Veteran's right shoulder disorder, as well as his lumbosacral strain and muscle hernia of the right tibia. The claims are being remanded for additional examinations and opinions.

The Veteran's appeal is being remanded to the AOJ for additional development, including consideration of National Guard records and a VA examination. The issues are service connection for rhinitis with turbinate hyperplasia, deviated nasal septum (secondary to rhinitis), and sleep apnea.

The Board has remanded the claims due to incomplete records and need for additional opinions regarding the Veteran's psychiatric disorders, including PTSD.

The Veteran's appeal for service connection for sleep apnea has been withdrawn.,Service connection for gout as secondary to the service-connected GERD disability is denied.,A rating of 30 percent for GERD is granted, but no higher.

The Veteran's lumbosacral strain has not resulted in forward flexion of the thoracolumbar spine limited to 30 degrees or less, which is required for a higher rating. The current 20% disability rating remains appropriate.

The Board has remanded the case due to failure to obtain medical records from Dr. G.D., and the Veteran's claim for service connection for sleep apnea, including as secondary to asbestos exposure, is being returned to the AOJ for further action.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional development, including obtaining a VA examination and private medical records.

The Veteran's currently diagnosed sleep apnea is related to his military service, and the Board finds that service connection for obstructive sleep apnea is warranted.

The Board has remanded the case for further development, including obtaining an opinion on whether the Veteran's sleep apnea is secondary to his service-connected diabetes mellitus and associated disabilities. The mood disorder and dementia claims are also being considered.

The Veteran's death was not caused by any service-connected disability, and the appellant is therefore not entitled to VA benefits under 38 C.F.R. § 3.11.

The Board has decided to remand the case for additional development, including obtaining a medical opinion and obtaining treatment records.

The Board has remanded the case due to incomplete records and the need for additional examinations.

The Veteran's lumbosacral strain is currently rated at 10 percent, but does not meet the criteria for a higher rating based on functional loss due to pain or other factors. The issues of service connection for bilateral hearing loss and tinnitus remain pending.

The Veteran's appeal is being remanded for additional development to obtain medical records and provide an addendum opinion regarding the nature and etiology of his respiratory disability, sleep apnea, and acquired psychiatric disorder.

The Board denied the Veteran's claims for service connection for hypertension and sleep apnea, finding that there was no evidence of these conditions during his active duty or within one year after separation. The VA examiners found that any current diagnoses were not related to his military service.

The Board has remanded the issues of service connection for cervical spine disability, gastritis with duodenitis, gout, and sleep apnea due to additional development being required.