Sleep apnea decisions — 2017

The Veteran's bilateral hearing loss and tinnitus are found to be related to his military service.,The Veteran's lower back disability has been rated as 40 percent disabling, with no higher rating due to lack of unfavorable ankylosis.

The Board found that the Veteran's obstructive sleep apnea was not incurred in service and is not otherwise related to a service-connected disability. The Board also found that there is no evidence of an increased rating for hemorrhoids prior to June 18, 2009 or any higher rating thereafter.

The Veteran's appeal has been withdrawn and the case is dismissed as there are no remaining issues for review.

The Board has remanded the case for additional development to obtain medical records and arrange for examinations to determine if the Veteran's sleep apnea, myofascial pain syndrome, back disability, and shoulder disability are related to his military service.

The Board has remanded the case for additional development, including obtaining new VA opinions and obtaining all outstanding VA medical records.

The Veteran's claims for increased ratings for his service-connected lumbar spine disability and radiculopathy of the lower extremities have been denied. The Board found that the evidence did not support a finding of ankylosis or incapacitating episodes, and that the symptoms were not severe enough to warrant higher ratings.

The Veteran's service-connected lumbosacral strain with degenerative arthritis has not resulted in ankylosis or intervertebral disc syndrome with incapacitating episodes having a total duration of at least six weeks during the past 12 months, thus preventing him from receiving a higher rating.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for hypertension, sleep apnea, and acid reflux. The case is being remanded to obtain updated VA treatment records, schedule the Veteran for a VA examination to determine whether his conditions began in or are related to service, and provide a complete rationale for any opinions given.

The Veteran's service-connected peripheral neuropathy of the right and left lower extremities had its onset during service, and his current hypertension has been continuously treated with medication. The Board finds that service connection is warranted for these conditions.

The Board has determined that the Veteran's respiratory disorders, including sarcoidosis, obstructive sleep apnea, and asthma, are not related to his active duty service, including any asbestos exposure.

The Veteran's appeal is remanded for additional development, including scheduling a video conference hearing.

The Board found that the Veteran's sleep apnea did not have onset during service and is not otherwise related to service, thus denying his claim for service connection.

The Board dismissed the appeal due to the Veteran's death, and no decision was made on whether new evidence had been presented or if service connection should be granted for arthritis of the lumbosacral spine.

The Veteran's facial numbness is service-connected as a residual of reconstructive surgery. The claim for increased evaluation for obstructive sleep apnea remains at 50% and is denied.

The Board has determined that additional development is needed to address the Veteran's claims for service connection, including obtaining updated VA treatment records and medical opinions regarding his conditions.

The Veteran's request for a personal hearing has been addressed, and the case is being remanded due to his failure to respond. The appeal will be handled in an expeditious manner.

The Board denied the Veteran's claim of service connection for liposarcoma of the right thigh, including as due to his service-connected myotonic dystrophy.

The Board denied the Veteran's claim of service connection for a back disability, finding no link between his in-service injuries and his current condition.

The Board has determined that the Veteran's hypertension is not related to his military service, including exposure to herbicides. The claim for service connection for obstructive sleep apnea secondary to coronary artery disease was also denied.

The Veteran's lumbosacral strain with sciatica (lumbar spine disability) is currently rated at 20 percent, and the Board finds that he is entitled to a separate compensable rating for left lower extremity impairment.