Sleep apnea Board decisions

The Board has remanded the case for further development, including a medical opinion on whether sleep apnea is related to service and/or service-connected conditions.

The Veteran's appeal is denied as the service connection for all claimed conditions has been granted, but no higher ratings are warranted.,No effective date earlier than May 16, 2013, is assigned for SMC at the housebound rate.

The Veteran's claims for higher initial ratings were denied across multiple conditions, with the Board finding that the evidence did not meet the criteria for a rating in excess of 10 percent.

The Board has determined that the Veteran's left shoulder scar, status post excision of leiomyosarcoma, does not meet the criteria for a compensable initial rating.

The Board has determined that the Veteran's service-connected disabilities, including degenerative disc disease of the lumbosacral spine, right knee replacement, left knee chondromalacia and left knee debridement, were the underlying cause of his death from cardiac arrhythmia due to coronary artery disease. The Appellant's testimony supports this finding.

The Veteran's service-connected disabilities rendered him unable to secure and follow a substantially gainful occupation from February 9, 2010.

The Veteran's claim for service connection for a low back disability has been reopened due to the submission of new and material evidence. Service connection is not granted as his current condition is found to be the result of willful misconduct.,The Veteran's claim for service connection for sleep apnea has also been reopened due to the submission of new and material evidence. However, service connection cannot be established as there is no direct link between his in-service exposure and his current condition.

The Veteran's appeal of service connection for sleep apnea and TDIU was dismissed as the full benefit sought on appeal has already been granted by a prior rating decision.

The Veteran's service-connected disabilities, including Type II diabetes mellitus, gastroesophageal reflux disease, and coronary artery disease, are found to preclude him from obtaining or maintaining substantially gainful employment.

The Board has determined that the effective date for the grant of service connection for obstructive sleep apnea should be June 1, 2011, as this is the day following the Veteran's separation from active duty.

The Board denied the Veteran's claims of entitlement to service connection for cervical spine disability, sleep apnea, and hypertension. The Board found that there was no clear and unmistakable evidence (CUE) that these conditions were preexisting disabilities.

The Board has determined that the Veteran's obstructive sleep apnea was incurred in service, and grants service connection for this condition.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need for a VA examination and further development of his claims.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling examinations to evaluate his psychiatric disorder and obstructive sleep apnea.

The Veteran's claims for coronary artery disease, liposarcoma, and bilateral hearing loss were denied because there is no evidence of in-service exposure to herbicides or other service-connected conditions that could be linked to these disabilities.,There was insufficient evidence to establish a link between the claimed conditions and active service.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's obstructive sleep apnea is secondary to his service-connected asthma. The examiner must provide an opinion on whether it is at least as likely as not that the Veteran's sleep apnea was aggravated by his service-connected asthma.

The Board found that the Veteran's current low back disability is not related to service and denied his claim for service connection.

The Board has ordered a VA examination to determine if the Veteran's sleep apnea is related to his service and/or service-connected disabilities, including TBI. The remand was not completed due to lack of review of service records and opinion on causation/aggravation.

The Board found that the Veteran's back disability did not have its onset in service and is not the result of a disease or injury incurred in active service. The claim for sleep disorder, to include sleep apnea, requires additional action prior to adjudication.

The Board determined that the reduction in the rating for the Veteran's service-connected status post lung cancer with sleep apnea from 100% to 50% was proper, effective November 23, 2010.