Sleep apnea decisions — 2016

The Board has determined that the Veteran's service-connected disabilities alone or in combination have resulted in loss of use of one lower extremity (left) together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without the aid of braces, crutches, canes or a wheelchair. Therefore, she is eligible for financial assistance in acquiring an automobile and adaptive equipment.

The Veteran's service-connected disabilities prevented him from engaging in substantially gainful employment as of June 16, 2011.

The Veteran's claim for service connection for obstructive sleep apnea was denied in a December 2005 rating decision. The effective date of the award is set at June 21, 2011.

The Board has remanded the case due to further development being needed, including verifying service dates and affording the Veteran VA examination(s). The appeal is now pending again.

The Board finds the Veteran is entitled to service connection for a deviated septum with recurrent sinusitis, as it was caused by an in-service occurrence. The lower back condition and PTSD claims are remanded for additional development.

The Veteran's initial claim for a compensable evaluation prior to October 28, 2011 was denied as his pre-existing lumbosacral spine disability did not meet the criteria for a compensable rating. From October 28, 2011 onwards, his claim for an increased evaluation was also denied due to lack of evidence showing incapacitating episodes or unfavorable ankylosis.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records from Miami and conducting examinations to determine the severity of his service-connected lumbar spine and right lumbosacral radiculopathy.

The Veteran's appeal is being remanded for additional development to determine if his obstructive sleep apnea is related to service, specifically his job duties as a saturation diver and assault boat coxswain. The examiner should also assess whether the Veteran's current sleep apnea was caused or aggravated by his service-connected atrophic rhinitis.

The Board has remanded the case due to the need for a VA examination to determine the nature and etiology of the Veteran's sleep disorder, if any. The Veteran is seeking service connection for his claimed sleep disorder as directly related to service or secondary to his service-connected PTSD.

The Board has granted service connection for urticaria pigmentosa and assigned a 30 percent disability rating, effective October 18, 2011. The Veteran's heart murmur is not currently found to be present, and the claim remains on appeal.

The Veteran's claims for increased ratings for his back disability and right lower extremity radiculopathy have been denied as the evidence does not meet the criteria for a higher rating under VA regulations.

The Veteran's appeal is being remanded due to inadequate examination and the need for further development of his TBI residuals, including sleep apnea and sensory neuropathy.

The Veteran's service-connected disabilities do not render him so helpless as to need regular aid and attendance of another person, nor does he require assistance in attending to the ordinary hazards of daily living. The Board finds that there is insufficient evidence to grant special monthly pension based on the need for aid and attendance.

The Veteran's appeal is being remanded for additional development, including new VA examinations and consideration of his TDIU claim.

The Veteran's claims for reopening service connection for neck and low back conditions are being remanded due to the need for additional development, including obtaining SSA records and a VA examination.

The Veteran seeks service connection for low back disability. The Board has determined that a new VA examination is needed to determine the current nature and etiology of any claimed back disability, as well as whether it is related to service.

The Veteran's claims for bilateral hearing loss and sleep apnea secondary to service-connected tinnitus are being remanded for further development.

The Veteran's claim for a higher rating for her service-connected lumbar spine disability was denied, as the evidence did not show ankylosis or other criteria warranting a higher rating. Separate ratings for lower extremity radiculopathy were also denied.

The Veteran's current sleep apnea was not incurred in service and is not otherwise attributable to a disease or injury sustained therein. The Board finds that the Veteran's sleep apnea did not result from his service-connected generalized anxiety disorder or diabetes mellitus.

The Board has remanded the case due to the need for a videoconference hearing and the issuance of an SOC on the issues of service connection for PTSD, lumbosacral spine disorder, and bilateral hearing loss.