Sleep apnea decisions — 2016

The Veteran's service-connected lumbar degenerative disc and joint disease is currently rated at 10 percent, effective June 2, 2007. The claim for a higher rating since October 28, 2010 was denied as the evidence did not show unfavorable ankylosis or incapacitating episodes of intervertebral disc syndrome. For seborrheic dermatitis with rosacea, the current evaluation is 10 percent and no higher due to lack of findings for more severe manifestations.

The Veteran's appeals for increased ratings for his lumbosacral spine disorder and left knee disability were denied. However, he was granted a separate initial rating of 20 percent for meniscal damage in the left knee.

The Board has remanded the case for a VA opinion to address whether the Veteran's sleep apnea is related to service, as well as whether it is caused or aggravated by his service-connected pansinusitis and allergic rhinitis.

The Board has determined that new and material evidence has not been received to reopen the claims for service connection for PTSD, an acquired psychiatric disability other than PTSD, and sleep apnea. The reopened claim for an acquired psychiatric disability other than PTSD is addressed in the REMAND portion of this decision.

The Board has remanded the case due to an inadequate VA medical opinion regarding whether the Veteran's sleep apnea is secondary to his service-connected PTSD.

The Veteran's appeal for service connection for obstructive sleep apnea has been withdrawn.

The Board has determined that the Veteran's service connection claim for sleep apnea is granted as there is competent and credible lay evidence establishing an in-service onset of this condition.

The Board has determined that there was clear and unmistakable error in the December 1978 rating decision denying service connection for retinitis pigmentosa with night blindness and partial ring scotoma. The issue of whether new and material evidence has been received to reopen the claim is moot as a result.

The Veteran's appeal is remanded due to the failure to schedule a videoconference hearing. The case will be returned to the Board for further action.

The Board found that the Veteran's sleep apnea was not incurred or aggravated during his honorable period of service, and therefore denied the claim for service connection.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that it is related to their service and resolving all reasonable doubt in favor of the Veteran.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine is currently rated at 30 percent, effective June 24, 1985. The Board found that this rating was appropriate and denied an increased rating.

The Veteran's appeal is being remanded for additional development, including scheduling a video conference hearing with a third Veterans Law Judge.

The Veteran's vertigo, to include a cerebellar gait, is due to his service-connected type II diabetes mellitus. The claim for an earlier effective date for the grant of service connection for cardiovascular disease has been denied.

The Board has remanded the case for additional development, including obtaining an addendum medical opinion to address whether the Veteran's obstructive sleep apnea is caused or aggravated by his service-connected PTSD.

The Veteran's claim of service connection for sleep apnea, as secondary to his service-connected bronchial asthma, has been reopened. The Board finds that the new evidence does not raise a reasonable possibility of substantiating the claim and thus denies it.

The Veteran's appeal is being remanded for additional development to include obtaining updated medical records and scheduling her for VA examinations to determine the nature and etiology of her claimed gynecological and back conditions.

The Board has determined that additional development is needed for the Veteran's claims of service connection for sleep apnea and hypertension. The case will be returned to the AOJ after this development.

The Board has granted service connection for sleep apnea and denied the claim for an initial compensable rating for right wrist sprain/strain with ligament damage.

The Veteran withdrew his appeal regarding the increased rating for lumbosacral spine strain.