Sleep apnea decisions — 2018

The appeal for a compensable initial evaluation for hemorrhoids is dismissed. The appeals for service connection for sleep apnea, a rating in excess of 20 percent for surgical incision of the right heel from September 23, 2009, entitlement to a compensable initial evaluation for bilateral hearing loss, and service connection for a neck disability are all REMANDED.

The Veteran's urinary disability is granted as secondary to his service-connected left testicle removal. The effective date for this grant is July 14, 2016.

The Board has granted service connection for sleep apnea, finding that it is at least as likely as not caused by the Veteran's service-connected traumatic deviated nasal septum status post septoplasty. The Board also found in equipoise regarding the relationship between sinusitis and the service-connected condition.

The Board denied service connection for a status post lumbosacral spine with fusion and degenerative disc disease of the lower back, as well as alcohol dependence secondary to a lumbosacral spine condition. The evidence did not support a finding that these conditions were related to service.

The Board has remanded the Veteran's claims of service connection for hypertension and sleep apnea due to insufficient opinions regarding causation or aggravation by his service-connected PTSD.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of the claims as they are no longer relevant.

The Veteran's claim for service connection for tachycardia is denied as a matter of law. The Board has also remanded the issue of entitlement to TDIU due to his combined service-connected disabilities.

The Board has remanded the case for further development, including obtaining VA and private treatment records, as well as a VA examination to assess the current severity of the Veteran's service-connected lumbosacral degenerative disc disease and facet joint arthritis. The effective date for the grant of service connection remains May 22, 2012.

The Board has denied the Veteran's claims for service connection for benign hypertrophy of the prostate, hypertension as a result of exposure to herbicides, and sleep apnea due to lack of evidence linking these conditions to his military service or any service-connected disabilities. The case is being remanded for further development.

The Veteran's obstructive sleep apnea was not incurred or aggravated during service and is not related to any service-connected conditions. The Board denied the claim for service connection.

The Veteran's claim for bilateral hearing loss is denied as he does not have a current disability.,The Veteran's claims for effective dates prior to February 3, 2014 are denied as the earliest possible effective date has already been assigned.,The Veteran's claim for an initial rating in excess of 50 percent for service-connected obstructive sleep apnea is denied as his condition does not meet the criteria for a higher rating.,The Veteran's claim for an initial rating in excess of 10 percent for service-connected tinnitus is denied as he has been assigned the maximum schedular rating available under VA regulations.,The Veteran's claim for an initial rating in excess of 10 percent for service-connected sinusitis is denied as his condition does not meet the criteria for a higher rating.,The Veteran's claim for an initial compensable rating for service-connected hypertension is denied as his condition does not meet the criteria for a higher rating.

The Board has remanded the evaluation of lumbosacral strain with degenerative joint disease and the TDIU claim due to incomplete development. The Veteran needs to provide additional medical records, a new VA examination is required, and the claims will be re-adjudicated.

The Veteran's claims for an increased rating for his DDD and TDIU are being remanded due to the need for additional development, including obtaining updated VA treatment records, a Statement of the Case, and examinations.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea, finding that new and material evidence has been received since the 1999 rating decision. The Board also found that it is at least as likely as not that the Veteran's OSA began during his military service.

The Veteran's claim for service connection for a cervical spine disability (torticollis) was previously denied in July 1971, and new and material evidence has not been received to reopen the claim.,Service connection for hyperlipidemia is not warranted as it does not constitute a recognized disability for VA purposes.

The Veteran's appeal for service connection for obstructive sleep apnea was dismissed as the AOJ had already granted the benefit in a prior rating action.

The Board dismissed the Veteran's claims for service connection for sleep apnea, hemorrhoids, and embryonal cell carcinoma (ECC), claiming as testicular cancer. The claim for sleep apnea was withdrawn by the Veteran during a hearing before the Board. The claims for hemorrhoids and ECC were denied due to lack of current diagnoses.

The Veteran's claims for service connection and increased ratings are denied. The AOJ is instructed to obtain VA treatment records, arrange for a new examination regarding obesity, and remand the remaining issues.

The Veteran's service connection claims for a sinus disability, skin disability, sleep apnea, and an acquired psychiatric disorder (including depression) are all granted. However, the claim for service connection for ear disability is remanded due to lack of examination.

The Board has remanded the cases for further development and opinion regarding service connection for sleep apnea and prostate disability, specifically addressing whether these conditions are related to service-connected bronchial asthma and/or sinusitis.