Sleep apnea decisions — 2016

The Board has determined that the Veteran does not have a service-connected TBI, sleep apnea, or ADHD. The evidence does not support a finding of in-service injury or disease related to these conditions.

The Board has determined that the Veteran's obstructive sleep apnea is not related to his military service and therefore denied his claim for service connection.

The Veteran's appeal has been withdrawn before the Board could make a decision.

The Veteran's claims for increased ratings and TDIU prior to August 15, 2014 were denied. The right shoulder disability was rated based on limitation of motion.

The Veteran's request for an extension of the delimiting date beyond June 22, 2009 for Chapter 30 educational benefits was denied as there is no medical evidence to establish that pursuing a program of education due to physical or mental disabilities was medically infeasible.

The Veteran's appeal for service connection for sleep apnea has been withdrawn, resulting in the dismissal of his case.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there was no evidence of a current disability related to active duty service.

The Veteran's appeal is being remanded for further development due to the need for additional medical records and examinations.

The Board has remanded the case due to the need for a Statement of the Case (SOC) regarding whether new and material evidence has been received to reopen previously denied claims for service connection.

The VA medical opinion found that the Veteran's obstructive sleep apnea is not related to her service-connected pulmonary sarcoidosis with inactive tuberculosis, and thus denied her claim for service connection.

The Veteran's claim for diabetes mellitus type II was denied as there is no evidence of the condition during his appeal period. The Board found that he did not meet the diagnostic criteria for diabetes at any point, and therefore service connection cannot be established.

The Veteran's appeal is being remanded due to the need for additional medical opinions and development of records. The issues include service connection claims for bilateral hearing loss, tinnitus, hypertension, chronic sinusitis, and sleep apnea.

The Veteran's appeal has been withdrawn. The Board does not have jurisdiction to consider the increased rating claim for hypertension with headaches as the Veteran withdrew his appeal in November 2015.

The appellant is at least as likely as not in need of aid and attendance based on physical incapacity, which requires care or assistance on a regular basis to protect the claimant from hazards or dangers incident to her daily environment. The Board finds that she needs regular aid and assistance due to medical conditions such as dizziness, imbalance, angina, fatigue, dyspnea, pain, numbness, and falls.

The Board found that the appellant does not have a chronic disability manifested by fatigue, to include as due to an undiagnosed illness or a medically unexplained chronic multisymptom illness such as chronic fatigue syndrome. His symptoms of fatigue are manifestations of his service-connected major depressive disorder for which he is already compensated. The appellant's sleep apnea did not manifest during a period of active service and is not otherwise causally related to his active service or any incident therein.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected allergic rhinitis.

The Veteran's appeal is being remanded due to the need for a videoconference hearing. The issues of increased ratings and service connection are not addressed as this matter has been returned to the AOJ.

The Veteran's appeal is being remanded for further development, including obtaining VA and Social Security Administration records, as well as a new VA examination to assess the current severity of his lumbar spine disability. The TDIU claim will also be addressed.

The Board has remanded the case for additional development, including obtaining medical records and providing an adequate VA examination to address the etiology of the Veteran's sleep apnea.

The Board has remanded the case due to incomplete development and requires a VA examination by a physician to determine if sleep apnea is related to service, service-connected anxiety with PTSD features, or increased in severity beyond its natural progression.