Sleep apnea decisions — 2016

The Board has determined that further development is needed to determine if the Veteran's disabilities are related to exposure to Agent Orange. The case is being remanded for this purpose.

The Board denied the Veteran's claims of service connection for gouty arthritis of the left ankle, psychiatric disability (PTSD), sleep apnea, and right hip disability. The appeals were based on new and material evidence.

The Veteran's service-connected disabilities, including schizophrenia, left knee injuries, and back strain, did not prevent him from securing or following substantially gainful employment prior to October 1, 1999.

The Veteran's appeal is being remanded for a video conference hearing. The issues of rating for bilateral hearing loss, service connection for asthma, service connection for a bilateral knee condition, and service connection for sleep apnea are pending.

The Veteran is seeking service connection for various conditions, including a right ankle condition and its secondary effects on his knees, hips, back, and carpal tunnel syndrome. The Board will review the evidence to determine if new and material evidence has been submitted and to decide whether these claims should be granted.

The Veteran's low back disability was rated at 40 percent for the period prior to December 4, 2013. From that date, a higher rating is denied.

The Veteran's claims for service connection for sleep apnea, DJD of the bilateral elbows and/or right ankle, and a left eye condition have been denied as there is no evidence of onset during active service or within one year following discharge. The preponderance of evidence does not support a nexus between these conditions and active service.

The Veteran's claims for an increased rating for his low back disability and TDIU were denied as he failed to appear at a scheduled VA examination, which was necessary to determine the impact of his service-connected condition on his employability.

The Board has determined that the Veteran's low back disability causes marked interference with employment and warrants an extraschedular rating of 10 percent from April 1, 2008.

The Veteran has withdrawn his appeals for all issues on appeal.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with VA examinations to evaluate his service-connected disabilities.

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

The Board has ordered a remand to obtain additional medical opinions regarding the Veteran's sleep apnea and its relationship to his service-connected hypertension, as well as whether environmental hazards during his Gulf War service caused his sleep apnea.

The Board has determined that there is no current diagnosis of an unspecified respiratory condition, and the Veteran's statements regarding such a disability are not competent evidence. For sleep apnea, the VA examiner opined against a nexus to service based on lack of in-service treatment or diagnosis. For hypertension, the VA examiner also opined against a nexus to service based on lack of in-service treatment or diagnosis.

The Veteran's claim of service connection for sleep apnea is being remanded due to the need for a video hearing.

The Board has determined that the Veteran's sleep apnea and hypertension had their onset during his active service, and thus service connection is granted for both conditions.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination and opinion regarding the nature and etiology of his sleep apnea. The case will be readjudicated after this development.

The Board has remanded the case for a Travel Board hearing and further development.

The Veteran's appeal is being remanded for additional development to assess the impact of his service-connected disabilities on his ability to work, including side-effects from narcotic pain medications.

The Veteran's muscle condition, low back disability, right knee disability, and index finger disability are not service connected. The Board found no evidence to support the Veteran's claims for increased ratings.