Sleep apnea Board decisions

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations and consideration of his current disability levels.

The Veteran's appeal has been withdrawn by his representative, and thus the case is dismissed.

The Veteran's claim for service connection for diabetes mellitus type II as secondary to his service-connected bilateral knee patellofemoral syndrome was denied. The Board found that the evidence did not support a finding of causation or aggravation.

The Veteran's claim for a separate initial compensable rating for a right thigh scar due to surgery for myxoid liposarcoma is denied as the extra-schedular 100 percent rating assigned for myxoid liposarcoma under Diagnostic Code 5313 has compensated the Veteran for pain and other functional impairment resulting from the nonhealing wound on his right thigh throughout the appeal period.

The Veteran's claims for service connection for shortness of breath, asthma, and sleep apnea are being remanded due to inadequate VA examination opinions. The claim for an increased rating for PTSD is also being remanded.

The Veteran's asthma, right foot plantar fasciitis, and left foot plantar fasciitis have been granted service connection. The Veteran has not provided sufficient evidence to establish service connection for the other conditions listed.

The Veteran's claims for service connection for various conditions, including coronary artery disease/ischemic heart disease, peripheral neuropathy, skin disorder, hypertension, sleep apnea, and leg stents are denied as there is no evidence of exposure to Agent Orange or other herbicides during his service in Guam. The Veteran's current conditions are not related to his military service.

The Veteran's service-connected disabilities have not prevented him from securing or following substantially gainful employment for which his education and occupational experience would otherwise qualify him at any point during the appeal period.

The Board has determined that the Veteran's claim for an initial rating in excess of 10 percent for type II diabetes mellitus from January 13, 2010 is granted and set at 20 percent. The claims for service connection for necrobiosis of the feet, hypertension, sleep apnea, and an acquired psychiatric disorder (PTSD) are denied.

The Board denied increased ratings for the Veteran's service-connected fibromyositis of the lumbosacral paravertebral muscles with overlapping degenerative disc disease, left arm scar, and residuals of fracture of the right middle finger. The claim for service connection for an acquired psychiatric disorder was also denied on the merits.

The Veteran's lumbar spine disability is rated at 20 percent since February 12, 2015. The Board finds that the criteria for a higher rating are met as of September 9, 2010.

The Board has remanded the Veteran's claims for service connection for residuals of a traumatic brain injury and sleep apnea due to potential malingering, lack of documentation in service records, and need for additional development including obtaining unit records and providing new VA etiology opinions.

The Board found that the Veteran's obstructive sleep apnea was not incurred in or aggravated by service, including presumed herbicide exposure during service. The Board also found that it is less likely than not caused by or permanently worsened beyond its natural progression by service-connected PTSD.

The Veteran's appeal has been dismissed as the appellant and his representative have withdrawn their appeal.

The Veteran's current sleep apnea disability began during service and the Board finds that it is at least as likely as not related to his military service.

The Board has remanded the case for further development to address issues of service connection and effective dates, as well as a sleep apnea examination.

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

The Veteran's claims for service connection for tinnitus, diabetes mellitus type II, bilateral vision loss, a psychiatric disability (anxiety disorder and posttraumatic stress disorder), chronic headaches, sleep apnea, chronic obstructive pulmonary disease, arthritis of the right shoulder, arthritis of the left shoulder, low back disability, right hip disability, left hip disability, arthritis of the right knee, arthritis of the left knee, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, and left lower extremity peripheral neuropathy have been denied. The Veteran's claim for an initial compensable rating for bilateral hearing loss has also been denied.

The Board has remanded the case for additional development due to outstanding VA treatment records and Vocational Rehabilitation records.

The Veteran's appeals for increased PTSD rating, service connection for OSA, and reopening of fatigue disorder and headache disorder claims have been dismissed due to withdrawal. The claim for a fatigue disorder was not reopened as new evidence did not relate to an unestablished fact necessary to substantiate the claim. The claim for a headache disorder was reopened based on new medical evidence.