Sleep apnea Board decisions

The Veteran was granted service connection for obstructive sleep apnea and a 100 percent rating for bilateral hearing loss effective July 30, 2010.,The Veteran's claim for an earlier effective date for the 100 percent rating for bilateral hearing loss is denied.

The Veteran's claims for service connection for GERD and sleep apnea have been denied. The claim for GERD has been reopened, but the issues of service connection remain unresolved.

The Board has decided to remand the case due to an inadequate VA medical examination, and a new opinion is needed regarding whether sleep apnea is related to or aggravated by the Veteran's service-connected disabilities.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining relevant treatment records and scheduling a VA examination. The issues of entitlement to service connection for sleep apnea, PTSD, and low back disability are being remanded.

The Veteran's obstructive sleep apnea is found to have been incurred during his active military service, and the claim for service connection is granted.

The VA determined that the Veteran's sleep apnea is not related to his military service and denied his claim for service connection, finding it less likely than not caused or aggravated by his service-connected PTSD.

The Veteran's overpayment of $10,134.60 in VA pension benefits was found to be not against equity and good conscience due to his misunderstanding regarding income reporting requirements.

The Board has vacated the July 8, 2014 decision regarding service connection for PAN and granted service connection for PAN. The issue of service connection for Meniere's disease is remanded.

The Veteran's service connection for left corneal scar and embedded metallic foreign body with resultant intermittent eye pain and glare was granted, but the effective date remains December 13, 2010. The claim for sleep apnea is pending. The Veteran does not meet criteria for a higher rating based on visual acuity or incapacitating episodes.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during service and is therefore granted service connection.

The Veteran's obstructive sleep apnea is at least as likely as not related to his military service, and the Board grants service connection for this condition.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private medical records, scheduling a VA examination to assess the severity of his service-connected lumbosacral degenerative joint disease with degenerative disc disease, and determining whether he is unemployable due to his disabilities.

The Board has determined that the Veteran's low back disorder is not related to his military service, and he does not meet the criteria for service connection.,Tinnitus was found to be due to noise exposure during service.

The Veteran's claim for service connection for a left shoulder disability was denied as the evidence does not show that his current condition is related to military service or a service-connected disability.,Claims for increased ratings and effective dates were also denied due to lack of factual ascertainability within one year of the September 29, 2004 claim.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and copies of SSA disability benefit determinations. The claim for a TDIU due to service-connected lumbosacral strain will also be addressed.

The Board found that the Veteran does not have sleep apnea attributable to his military service and denied his claim for service connection.

The Veteran's claims for higher initial ratings for lumbosacral spine disability and right lower extremity radiculopathy were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's appeal is remanded due to the need for a new VA examination and additional treatment records. The issue of an initial compensable rating for his service-connected scar, status post excision of leiomyosarcoma of the left shoulder, will be re-adjudicated.

The Veteran's claim for service connection for degenerative joint disease, generalized claimed as joint pain due to an undiagnosed illness has been reopened. The claim for sleep apnea disability is not considered new and material evidence.

The Board denied service connection for diabetes mellitus, a skin disorder, peripheral neuropathy of the lower extremities, and cubital tunnel syndrome of the upper extremities. The claims were based on direct evidence rather than presumptive exposure to herbicides.