Sleep apnea Board decisions

The Board has decided to remand the case for further development due to the need for an initial VA medical opinion regarding the Veteran's sleep apnea claim.

The Veteran's right knee degenerative joint disease and obstructive sleep apnea, hypertension, and TMJ disorder are service-connected. The Veteran is granted initial ratings of 10 percent for these conditions.

The Veteran's appeal is being remanded for a Travel Board hearing at the Winston-Salem RO. The issues include service connection for sleep apnea, earlier effective date for PTSD, increased ratings for PTSD and gunshot wound to right thigh with healed fracture to right femur, compensable disability rating for injury to the left right finger with well-healed surgical scar, and TDIU.

The Veteran's appeal has been withdrawn and is dismissed due to the withdrawal of his claims by his representative.

The Board has granted service connection for Non-Hodgkin's lymphoma, finding that the Veteran was exposed to contaminated water at Camp Lejeune and his condition is related to this exposure. The issues of entitlement to service connection for ED, sleep apnea, and an acquired psychiatric disability are being remanded as they are inextricably intertwined with the service connection claim.

The Board has determined that the VA examination is inadequate and additional evidence is needed, including an addendum opinion addressing whether the Veteran's sleep apnea was caused or aggravated by his service-connected conditions. The RO must also attempt to obtain records from Mercy Hospital related to the Veteran's sleep apnea.

The Veteran's appeal is remanded due to the need for additional development, including obtaining medical records and arranging for a spine examination.

The Veteran's service connection claims for residuals of a closed head injury, sleep apnea, and ischemic heart disease were granted. The claim for an initial rating higher than 100 percent for ischemic heart disease from January 22, 2007 to April 30, 2007 was also granted. However, the Veteran's claim for a compensable evaluation for bilateral hearing loss and TDIU prior to May 29, 2008 were denied.

The Board found no evidence of current asthma, sleep apnea, or skin rash and thus denied the Veteran's claims for service connection.

The Veteran's claims for increased evaluations of his lumbosacral spine disability and associated radiculopathies were denied. The Board found that the evidence did not meet the criteria for a higher rating.

The Board has determined that the Veteran's sleep apnea is not related to his military service or a service-connected condition, and thus denied his claim for service connection.

The Veteran's appeal includes claims for various disabilities, including upper cervical strain, degenerative arthritis of the left knee, bilateral hearing loss, and several psychiatric, musculoskeletal, and respiratory conditions. The Board has ordered a remand to address these issues due to the need for additional development.

The Veteran's appeal is being remanded for additional development, including obtaining a Statement of the Case on his service connection claims and verifying herbicide exposure. If verified, he will be scheduled for a VA examination to determine if his current asthma disability is related to herbicide exposure during service.

The case is being remanded for further development, including obtaining private treatment records and VA examination to assess the Veteran's lumbar spine disability and need for aid and attendance. The issues of increased rating, TDIU, and SMC based on aid and attendance are also being addressed.

The evidence is at least in equipoise that the Veteran's current lumbosacral sprain is a continuation of a low back disorder considered as having arisen during service, likely aggravated by training during his period of active duty.

The Veteran's appeal for a combined rating in excess of 20 percent for his right knee disability has been withdrawn. The case is being remanded to determine if the Veteran was unemployable due to service-connected disabilities prior to November 2009.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during service and grants service connection for this condition.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected disabilities.

The Veteran was rendered unemployable as of May 21, 2013, solely due to his multiple service-connected disabilities and this has continued unabated since that point in time.

The Veteran's obstructive sleep apnea was not incurred in or aggravated by service, and the Board finds that the negative evidence is more persuasive.