Sleep apnea Board decisions

The Board has reopened the Veteran's claim for service connection for sleep apnea, but further development is needed to determine if it is related to a service-connected disability and whether it was aggravated by one.

The Board has ordered a remand due to the need for issuance of a Statement of the Case (SOC) regarding all service connection claims.

The Veteran's appeal is denied as his COPD with sleep apnea did not meet the criteria for a rating in excess of 50 percent prior to December 11, 2013. Other claims are also denied.

The Veteran's claim for a temporary total rating due to bilateral surgical fasciotomies was denied as the surgeries were unrelated to her service-connected disabilities.

The Veteran's claim for increased ratings and TDIU was denied. The lumbar spine disability is rated at 10 percent, while the right forearm disability remains at 10 percent.

The Veteran's appeal is being remanded for additional development, including obtaining treatment records and scheduling a VA examination to assess the current severity of his lumbosacral spine disability.

The Board has determined that the Veteran's claims for service connection for bilateral foot disability, sleep apnea, and a below-the-left-knee amputation are not supported by the evidence of record. The claim for diabetes mellitus was previously denied in July 2005 and no new and material evidence has been received since then. The claim for an acquired psychiatric disability was also previously denied but no new and material evidence has been received since September 1991. No increased rating is granted for chronic low back pain, chronic sinusitis with headaches, or a left varicocele. Special monthly compensation based on the need for aid and attendance of another person or due to being housebound is not warranted. The Veteran's claim for financial assistance in purchasing an automobile or other conveyance and/or adaptive equipment for an automobile is also denied.

The Board denied the Veteran's claims for service connection of hypertension, sleep apnea, and a neck disability. The claim for hearing loss was also denied as it did not meet the criteria for a compensable rating. The Veteran's PTSD was rated at 50 percent from November 21, 2003, but his TDIU claim remains pending.

The Board has determined that the Veteran's sleep apnea was not incurred or aggravated during service and is not related to his service-connected hypertension. Therefore, the claim for service connection for sleep apnea is denied.

The Veteran's claims for service connection for sleep apnea, hemorrhoids, and right elbow residuals status post ganglion cyst removal are all granted. The Veteran has demonstrated current disabilities that had onset during active service.

The Veteran's PTSD has been rated at 70 percent since January 19, 2010. The appeal is pending for a higher rating or an effective date prior to that.

The Veteran's lumbosacral degenerative disc disease, endometriosis, and migraine headaches have been granted service connection with initial ratings of 10%, 10%, and 0% respectively. The lumbosacral spine disability is rated at 20% since February 8, 2013.

The Board has decided to remand the Veteran's claims for service connection for bilateral gout and sleep apnea due to conflicting medical evidence regarding the presence of these conditions during his military service. The Veteran will need a new VA examination to determine if he had these conditions at any point, as well as an evaluation on whether they are related to his military service.

The Board has determined that the Veteran's current GERD and low back disability are not related to service, and thus denied both claims.

The Board has determined that the Veteran's current bilateral tinnitus is related to noise exposure during service, and thus grants service connection for this condition. The other issues are addressed in the REMAND portion of the decision.

The Veteran's appeal is being remanded for additional development, including obtaining addendum opinions regarding the nature and etiology of his claimed fibromyalgia and obstructive sleep apnea.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and development of his medical records.

The Veteran's claim for an increased evaluation for his lumbosacral strain is being remanded due to the need to obtain additional medical records and conduct further examinations.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating for OSA, gout, or DDD of the cervical spine. However, the Veteran was granted an increased rating for radiculopathy affecting the right hand.

The Veteran's claims for increased disability ratings for a service-connected low back disability and a service-connected right knee disability are remanded for further development, including a new VA examination.