Sleep apnea Board decisions

The Board denied the Appellant's claims for service connection for cause of death, DIC benefits under 38 U.S.C. § 1318, and accrued benefits due to lack of evidence showing a service-connected disability caused or contributed substantially to the Veteran's death.

The Veteran's obstructive sleep apnea is found to have had its onset during service and the Board grants service connection.

The Veteran's service-connected PTSD is being evaluated to determine if it has aggravated his sleep apnea, and a new medical opinion is needed for this determination.

The Veteran's claims for service connection for residuals of spinal surgery and left shoulder disability have been denied as new and material evidence has not been received to reopen the claims.,The Veteran's claim for service connection for sleep apnea, depression, recurrent dislocation of the right shoulder, and degenerative arthritis remains pending. The Board finds that VA medical opinions are necessary to decide those claims.

The Board denied the Veteran's claims for increased ratings for hemorrhoids, lumbosacral strain, and onychomycosis. The Veteran's bilateral eye disorder claim was not addressed as it is a separate issue.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support higher evaluations or service connection.

The Board has remanded the case for further development and readjudication due to a request for substitution of the Veteran's surviving spouse.

The Veteran's claim for service connection for bilateral pes planus was denied in October 2002. New evidence received since that decision does not raise a reasonable possibility of substantiating the claim, and thus new and material evidence has not been presented to reopen this claim.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation since December 12, 2005.

The Veteran's service-connected left shoulder disability is not the cause of his current neck disability.,There is no evidence to support a finding that the Veteran has residuals from a head concussion at any point during the appeal period.

The Board found no evidence of a current disability, or that any claimed disabilities may be related to service. Therefore, the claims for sleep apnea, hypertension, gout, migraine headaches, and psychiatric disability were denied.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation for the period prior to June 21, 2012.

The Veteran's appeal was granted, and he is now entitled to a temporary total disability rating for convalescent purposes following surgery for fungus infection of the feet from March 1, 2010 to April 1, 2010.

The Board has remanded the case for further development, including obtaining an addendum opinion from a VA examiner regarding whether the Veteran's current obstructive sleep apnea is related to his active military service. The TDIU claim will also be remanded as it is inextricably intertwined with the service connection claim.

The Veteran's right second toe hammertoe was not shown to be related to service, and the Board denied service connection for this condition. The claim of service connection for a sleep disorder (claimed as narcolepsy) is also denied due to lack of evidence linking it to service.

The Veteran's lumbar spine disability is rated at 20 percent, and his radiculopathy of the right lower extremity is rated at 10 percent. Both conditions are currently assigned the highest possible rating under their respective diagnostic codes.

The Veteran's right lower radiculopathy was reduced from 10 percent to noncompensable effective February 11, 2009. The Board restored the original rating of 10 percent.,The Veteran is not entitled to a TDIU rating as his service-connected disabilities do not prevent him from securing or following substantially gainful employment.

The Board has determined that the Veteran's current obstructive sleep apnea was incurred during his active service and is not related to any exposure to burn pits, Agent Orange, Camp Lejeune, radiation, or Gulf War. The Veteran's sleep apnea was diagnosed within a year of his separation from service.

The Veteran's hypertension has been granted service connection. For the initial rating period from February 13, 2008 forward, a higher disability rating of 30 percent for left shoulder disability and a higher disability rating of 50 percent for depression have also been granted.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a VA examination and additional medical records.