Sleep apnea Board decisions

The Veteran's hypertension is rated as noncompensable, and his obstructive sleep apnea with asthma is currently rated at 60 percent. The Board finds that neither condition warrants a higher rating.

The Veteran's service-connected low back disability has prevented him from obtaining or retaining gainful employment, and the Board finds that he is entitled to a TDIU on an extraschedular basis.

The Board found that the Veteran's hypertension is not related to service, and denied his claim for service connection.,For his right shoulder disorder, the Board determined there was no evidence of a nexus between the condition and service.

The Board has remanded the TDIU claim for additional development, including obtaining VA treatment records and scheduling a medical examination to determine if the Veteran is unemployable due to his service-connected disabilities.

The Board has determined that the Veteran's sleep apnea is etiologically related to his active duty service and grants the claim for service connection.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining a medical opinion regarding his PTSD and scheduling him for a VA examination to assess the severity of his diabetes mellitus.

The Veteran's claim for service connection of a lumbosacral spine disability is being remanded due to the need for an addendum opinion from the July 2011 examiner regarding whether his current condition is related to in-service softball injury or MVA.

The Veteran's sleep apnea is as likely as not attributable to service, and the Board finds in favor of granting service connection for this condition. The claim for an acquired psychiatric disability to include PTSD remains pending.

The Veteran's claim for service connection for a bilateral lower extremity disorder, secondary to his service-connected degenerative disc disease and multilevel spondylosis of the lumbosacral spine is being remanded due to the need for additional medical examination.

From October 25, 2007 to April 6, 2010, the Veteran's pelvic adhesive disease was rated at 30 percent due to symptoms not controlled by continuous treatment.,Effective April 7, 2010, a higher rating is not warranted as her symptoms are now controlled with an endometrial ablation.

The Board has dismissed the petition to reopen the previously denied claim of entitlement to service connection for migraine headaches. The Veteran's spouse was added as a dependent effective August 1, 2007, but he disagrees with this effective date and seeks an earlier one.

The Veteran's claim for service connection for sleep apnea, which is secondary to his service-connected PTSD, has been remanded due to the inadequacy of the May 2009 VA examination and the need for a new opinion addressing whether sleep apnea was caused by or aggravated by his service-connected PTSD.

The Board has determined that the Veteran's tinnitus is at least as likely as not related to his service, and thus grants service connection for tinnitus. The issue of lumbosacral degenerative disease remains pending due to a lack of sufficient evidence regarding its onset during service.

The Board finds that the Veteran's sleep apnea began during his military service and grants service connection for this condition.

The Board has determined that the Veteran's sleep apnea was not incurred in or aggravated by active service and is not otherwise attributable to active service. The VA examiners have provided opinions against a finding of direct service connection for sleep apnea.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for obstructive sleep apnea. The Board also finds that the Veteran's obstructive sleep apnea is at least as likely as not related to his time in service.

The Board has determined that service connection is not warranted for a heart disability, degenerative disc disease of the upper back and neck, or sleep apnea as there is no evidence linking these conditions to service, including exposure to herbicides.

The Veteran's lumbosacral strain, status post posterior interbody fusion of L4-5 and L5-S1, has not more nearly approximated unfavorable ankylosis. Therefore, the claim for a higher rating is denied.

The Veteran's appeal is being remanded for additional development, including scheduling a videoconference Board hearing at the RO.

The Board has decided to remand the case for further development, including obtaining VA and private treatment records and providing a VA medical opinion regarding the Veteran's service connection claim for sleep apnea.