Sleep apnea Board decisions

The Board has remanded the case for additional development and consideration, including obtaining an addendum opinion from a VA examiner regarding the Veteran's respiratory disability and addressing his in-service environmental exposure to fuel, gas, and fumes.

The Veteran has withdrawn all his appeals, including those related to sleep apnea, fatigue (claimed as secondary to PTSD), and an increased rating for PTSD.

The Veteran is not entitled to an increased rate of special monthly compensation based on the need for a higher level of aid and attendance due to his service-connected disabilities.

The Veteran's lumbosacral strain with traumatic arthritic changes, disc space narrowing, kyphosis, and lumbar canal stenosis was rated at 20% prior to July 2, 2014. Since then, he has been rated at 40%. The increased rating is effective July 2, 2014.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for obstructive sleep apnea. The Veteran's current diagnosis of sleep apnea is related to his military service, as evidenced by his wife's testimony and his own statements regarding snoring and fatigue during service.

The Board has granted an effective date of March 13, 2014 for the assignment of a 30 percent evaluation for service-connected COPD. The Veteran's left ankle condition, low back injury, and sleep apnea are all found to be related to his military service.

The Veteran's appeal is remanded for additional development, including obtaining private treatment records and providing a medical opinion regarding the relationship between his service-connected GERD and his newly diagnosed esophageal cancer.

The Board has determined that the Veteran's diabetes mellitus is not service connected, but his obstructive sleep apnea was incurred during service.,The Veteran's total disability rating based on individual unemployability due to service-connected disabilities is granted.

The Board has determined that the Veteran's low back disabilities, best characterized as lumbosacral strain and lumbar spine degenerative arthritis and intervertebral disc syndrome, are aggravated by his service-connected bilateral knee disability. As such, the claim for service connection is granted.

The Veteran's claims for service connection for sleep apnea and onychomycosis (brittle nails) were denied as the evidence did not support a finding that these conditions are related to his military service, including presumed herbicide exposure.

The Board has remanded the case due to inadequate medical opinion and need for additional examination.

The Board has determined that the Veteran's migraine disability and sleep apnea are service connected as they were incurred during his active duty.

The Veteran's claim for service connection for bilateral tinnitus was denied as there is no credible evidence of its onset during active service or within one year after discharge.,The Veteran's gout has been rated at 20% since May 2008, and the Board found that it did not meet the criteria for a higher rating based on symptom combinations productive of definite impairment of health.

The Veteran's appeal was denied for service connection for bilateral hearing loss, PTSD, an acquired mental disorder other than PTSD (claimed as anxiety attacks), OSA, and a higher initial rating for diabetes mellitus. The RO found that the Veteran did not meet the criteria for these conditions.

The Board has determined that the Veteran's sleep apnea is related to his military service, resolving all doubt in favor of the claimant.

The Board has determined that the Veteran's current low back disability, diagnosed as lumbosacral strain, is related to his military service and grants service connection for this condition.

The Board has granted service connection for a kidney disorder manifested by microalbuminuria, as secondary to service-connected diabetes mellitus and hypertension. The issue of service connection for sleep apnea remains pending.

The Veteran's claims for service connection were denied as his claimed conditions are not shown to be related to his military service.

The Board has remanded the case for further development due to claims for service connection and TDIU being separately remanded. The Veteran's claim for Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code, prior to June 9, 2011 is also on appeal.

The Board has determined that the Veteran timely filed his December 2013 substantive appeal of the denial of entitlement to service connection for DJD of the lumbosacral spine. The claim is now before the Board.