Sleep apnea decisions — 2016

The Board has determined that the Veteran does not have a current diagnosis of bronchitis or sleep apnea related to service, including asbestos exposure. The Veteran's conditions are found to be unrelated to his military service.

The Board has remanded the case for additional development, including obtaining a supplemental opinion regarding service connection and increased ratings for arthritis of the left knee, arthritis of the right knee, and glaucoma.

The Board has remanded the case due to additional development being needed, including obtaining and associating with the claims file all outstanding VA and private treatment records, including any records from the Vet Center in Columbus, Ohio.

The Veteran's service connection claims for bilateral hearing loss, lumbosacral strain, and bilateral pes planus and ingrown toenails have been granted. The Board found that the Veteran had pre-existing conditions in service but did not aggravate them during service.

The Veteran's spine disabilities, specifically degenerative joint disease of the thoracic and lumbar spine, are rated at 20 percent prior to July 9, 2009, and 40 percent beginning from that date. The Veteran also has right lower extremity radiculopathy as a neurological manifestation of his spine disability, which is separately rated at 10 percent prior to July 9, 2009, and 20 percent thereafter.

The Veteran's claims for service connection for a heart disability, headaches, and sleep apnea have been denied as secondary to Von Hippel-Lindau syndrome (VHL).,The Veteran's claim of entitlement to service connection for a mood disorder (claimed as depression) has also been denied as secondary to VHL.,The Veteran's claims for service connection for a respiratory disability and headaches were previously denied, but new evidence was submitted that raises the possibility of reopening these claims.

The Veteran's sleep apnea has been rated at 50 percent since September 9, 2013. His allergic rhinitis is currently rated as 10 percent disabling.

The Veteran's tinnitus, obstructive sleep apnea, and erectile dysfunction are all found to have their onset in service. The Board has granted service connection for these conditions.,Service connection is also granted for the Veteran's right and left knee disorders as secondary to his service-connected back disability.

The Board found that the Veteran's current bilateral eye disorder, diagnosed as retinitis pigmentosa, is not related to service and denied his claim for service connection.

The Veteran's lumbosacral strain results in pain and stiffness, but her symptoms do not meet the criteria for a higher rating under any applicable diagnostic code.

The Board has determined that the Veteran's sleep apnea is secondary to his service-connected PTSD and lumbar spine disability, and grants the claim for service connection.

The Board found that the Veteran's sleep apnea was not incurred in or aggravated by active service and denied his claim.

The Veteran's lumbosacral strain has not resulted in forward flexion less than 61 degrees, a combined range of motion less than 121 degrees, or an abnormal gait or spinal contour. Therefore, the claim for a higher rating is denied.

The Board has remanded the case to the RO for additional action, including requesting National Guard service treatment and personnel records from any appropriate sources.

The Board denied the Veteran's claims for service connection in various issues, including left hand nerve damage, sleep apnea, right hip disability, gastrointestinal disorder, neck disability, and low back disability. The appeals were not granted.

The Board has reopened the Veteran's claims of service connection for a back disability, sleep apnea, and hypertension. The evidence received since the previous denials is new and material, and sufficient to reopen these claims.

The Board has determined that further development is needed in order to properly adjudicate the Veteran's claims for service connection for hypertension, sleep apnea, and diabetes mellitus, type II. The case will be remanded for a VA examination and medical opinion.

The Veteran's lumbar spine disability was initially granted with a 10% rating effective October 17, 2008. The RO has since increased the rating to 20%, 40%, and 20% for different periods of time.

The Board dismissed the appeal because the Veteran passed away during the pendency of the appeal, and thus has no jurisdiction to adjudicate the merits of this case.

The Veteran's claim of service connection for tinnitus is granted. The Board finds that the weight of the competent evidence of record is at least in equipoise as to whether the Veteran has tinnitus as a result of his active military service.