Sleep apnea Board decisions

The Board found that the Veteran's current diagnosis of sleep apnea is not related to service, and thus denied his claim for service connection.

The Veteran's claim for service connection for a low back condition is being remanded due to the need for additional medical records and further development.

The Veteran's service-connected recurrent lumbosacral strain is currently rated as 10 percent disabling. The Board found that the evidence did not meet criteria for an evaluation in excess of 10 percent prior to July 24, 2012; and granted a 20 percent rating from July 24, 2012 to February 6, 2013, and a 40 percent rating as of February 7, 2013.

The Veteran's degenerative disc disease of the lumbosacral spine was granted an initial evaluation in excess of 10 percent, but not more than 20 percent, effective from October 21, 2011.

The Board found that the low back disability was not incurred or aggravated during service and is unrelated to any in-service injury, disease, or event. The current condition is not caused by or made worse by a service-connected disability.

The Veteran's claim for an increased evaluation of his lumbosacral strain/sprain with disc herniation at L4-L5 was granted, and he is now rated 60 percent disabling effective July 19, 2012. The issue of service connection for sleep apnea remains pending.

The Board has granted service connection for diabetes mellitus and is granting the Veteran's claim of entitlement to service connection for peripheral neuropathy of his upper and lower extremities. The appeal as to sleep apnea is being remanded due to insufficient evidence regarding its relationship with hypertension, kidney disease, or newly service-connected diabetes mellitus.

The Board found that the Veteran's obstructive sleep apnea is not related to his military service and denied his claim for service connection.

The Veteran's appeal is being remanded due to his failure to appear at a previously scheduled videoconference hearing. The case will be rescheduled for a new hearing.

The Veteran's bilateral eye condition, including retinitis pigmentosa, right eye cataract, and left eye pseudophakia, is not manifested by vision impairment that warrants a compensable evaluation. The Board finds the evidence does not support a finding of service connection for these conditions.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining updated treatment records and scheduling new VA examinations.

The Board found no evidence of a current eye disability due to service connection for retinitis pigmentosa, as it is considered a congenital defect. The Veteran's condition was not aggravated by any superimposed disease or injury during service.

The Board has determined that the Veteran's PTSD is related to his service and granted service connection for PTSD. The issue of sleep apnea remains under consideration as it may be secondary to his service-connected anxiety disorder.

The Veteran's claims for service connection were denied because his injuries occurred after he had left active military service, and the Merchant Marine service during which these injuries occurred does not qualify as qualifying service under VA regulations.

The Board found that the Veteran's bilateral restless leg syndrome was not related to his active service or service-connected lumbar strain, and denied his claim for service connection.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional medical opinions and records.

The Board has granted the Veteran's claims to reopen for sleep apnea and right shoulder disability, finding that new and material evidence supports these claims.

The Board has remanded the case for additional development, including an orthopedic examination and consideration of whether a higher rating is warranted on an extraschedular basis.

The Veteran's tinnitus, lumbosacral strain, right elbow condition, and right great toe disability are all rated at the maximum allowable under VA regulations. The right quadriceps injury is also rated at the maximum allowable under VA regulations.

The Veteran seeks service connection for obstructive sleep apnea. The Board has decided to remand the case due to incomplete medical records and a need for additional examination.