Sleep apnea decisions — 2017

The Veteran's claims of service connection for obstructive sleep apnea and diabetes mellitus are being remanded due to the need for additional development, including obtaining a VA examination.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a VA examination and consideration of newly submitted evidence.

The Board has determined that the VA examination report is inadequate for making a decision on the issue of service connection for low back disability. The Veteran's current low back disability may be etiologically related to an in-service motor vehicle accident, but further development is needed.

The Veteran's request for self-employment assistance through VA's Vocational Rehabilitation program was denied because his chosen vocational goal of owning a cabaret-style bar/restaurant is not considered suitable given his service-connected disabilities and lack of financial resources.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Board has determined that the Veteran's sleep apnea is related to her service-connected fibromyalgia, and thus grants service connection for this condition.

The Board has granted service connection for status post chloracne and basal cell carcinoma, rosacea, and dysplastic nevus. The Veteran's skin conditions are presumed to be related to sun exposure during his active duty in Vietnam.

The Veteran's appeal is being remanded for additional development, including verification of service dates and circumstances, obtaining pertinent medical records, and scheduling a VA examination.

The Veteran's disability rating for degenerative disc disease of the lumbosacral spine was reduced from 40 percent to 10 percent effective February 1, 2012. The reduction was proper as reexaminations disclosed improvement in his condition.

The Veteran's claim for service connection for a respiratory disorder based on it being a qualifying chronic disability under 38 C.F.R. § 3.317 after service in the Southwest Asia Theater of Operations is denied, while his claim for service connection for sleep apnea, to include secondary to service-connected PTSD, is granted.

The Veteran's appeal is being remanded for further development, including obtaining updated VA treatment records and scheduling a VA examination to determine the nature and etiology of his sleep apnea and heart condition.

The Veteran's service-connected obstructive sleep apnea with bronchial asthma is currently rated at 50 percent, effective June 8, 2009. The Board finds that the criteria for a higher rating are not met.

The Veteran's claim for service connection for sleep apnea has been granted. The issue of service connection for prostate disability was withdrawn by the Veteran, and the issue of service connection for low back disability is being remanded.,A new examination revealed a diagnosis of low back disability. Additional VA treatment records are needed to support this finding.

The Veteran's service connection claim for bilateral tinnitus was granted. The remaining issues are addressed in the REMAND portion of this decision.

The Board has decided that a VA examination is needed for the Veteran's sleep apnea claim, as well as an attempt to obtain records of his initial diagnosis and treatment. The Veteran will be scheduled for a VA examination to determine if he had sleep apnea during service or if it was proximately due to or aggravated by his service-connected disabilities.

The Board has determined that the Veteran's current obstructive sleep apnea is not related to his active service and cannot be considered secondary to his service-connected nasal septal deviation. As such, the claim for service connection for obstructive sleep apnea is denied.

The Board has determined that the Veteran's sleep apnea is as likely as not aggravated by his service-connected PTSD, and thus grants service connection for sleep apnea secondary to PTSD.

The Board denied the Veteran's claims for service connection for a left knee disorder and secondary service connection for a back disorder, finding that there was no evidence of a nexus between his current conditions and his military service or any service-connected disabilities.

The Veteran is seeking service connection for sleep apnea, which he claims is related to his service-connected bilateral arm disability. The VA examiner's opinion was inadequate and a new addendum opinion is needed.

The Veteran's claim for a higher rating for tinnitus was denied as there is no legal basis to assign a rating higher than the maximum allowed. The claim for service connection for sleep apnea, secondary to tinnitus, remains pending and will be remanded for additional development.