Sleep apnea Board decisions

The appellant does not have spina bifida, which is the only birth defect that warrants compensation under 38 U.S.C.A. § 1805 for a child born with birth defects as the child of a Vietnam veteran.

The Board has determined that additional development is needed before the claim of service connection for sleep apnea can be decided. The Veteran's current diagnosis of sleep apnea was made after he left military service, and his VA examiner concluded it was more likely caused by weight gain and sarcoidosis post-service.

The Board has determined that the Veteran's request to withdraw his appeal for service connection for COPD is granted. The claim of service connection for sleep apnea as secondary to service-connected CAD is denied. For the entire initial rating period from June 8, 2012, a 10 percent disability rating for left leg scars and a 10 percent disability rating for chest scar are granted. A TDIU is granted effective July 24, 2012.

The Board has reopened the Veteran's claim of service connection for degenerative disc disease of the lumbosacral spine and remanded it for further development.

The Board found that the Veteran's lumbar spine disorder did not begin during service or until many years after, is not related to his in-service gunshot injury, and is not caused or aggravated by any service-connected disability or disabilities. The claim for service connection was therefore denied.

The Veteran's appeal is remanded for additional development, including a VA examination to assess the severity of his service-connected lumbosacral strain with degenerative disc disease and consideration of whether an extraschedular evaluation is warranted based on the combined effect of multiple service-connected disabilities.

The Board has remanded the case for further development, including scheduling a videoconference hearing for the Veteran. The primary issue is whether the Veteran's sleep disorder (including sleep apnea and restless leg syndrome) is related to his service-connected disabilities.

The Board denied the Veteran's claims for service connection of hypertension, sleep apnea, and a neck disability. The claim for bilateral 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 found that the Veteran's current sleep apnea is not shown to be causally or etiologically related to his active military service.

The Veteran's cervical spine disability was rated at 20 percent prior to August 15, 2013 and increased to 20 percent thereafter. The Veteran's radiculopathy of the right upper extremity is not more than mild in nature.

The Board has determined that the Veteran's sleep apnea, heartburn, fractured right metacarpal, and scarring of the face and neck are all related to his active service. The initial compensable rating for bilateral hearing loss is denied.

The Board has remanded the claims due to the need for additional development, including obtaining VA treatment records and asking the Veteran to provide or identify any relevant medical records.

The Board dismissed the appeals for increased rating for migraine headaches and service connection for sleep apnea. The right hip disability claim was reopened, but denied as there is no current diagnosed right hip disability.

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

The Board has reopened the claim for service connection for a low back disorder and granted service connection. The Veteran's right and left knee disorders, recurrent cysts behind both ears (claimed as ear drainage from the back of the ears), and sleep disorder are not supported by evidence showing they were incurred in or aggravated by service.

The Veteran's claims for service connection were denied as his claimed conditions did not manifest during active duty or due to undiagnosed illness.

The Veteran's appeal is being remanded for further development, including a VA respiratory examination to determine the nature and etiology of his obstructive sleep apnea. The issue of entitlement to an increased initial rating for hepatitis B is also being remanded as it was not properly adjudicated in the September 2012 decision.

The Board has granted service connection for obstructive sleep apnea and found that the Veteran's in-service sleep disturbances are related to his current condition. The inguinal hernia claim is remanded due to missing records.

The Veteran's claim for TDIU is being remanded to the AOJ for further consideration, including referral to the Under Secretary for Benefits or the Director of VA's Compensation and Pension Service for extraschedular consideration.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected back disability and determine if there is any relationship between his left knee disability and his service-connected low back disability.