Sleep apnea Board decisions

The Veteran's sleep apnea is found to be related to his active duty service, and the claim for service connection is granted.

The Board has determined that the Veteran's substantive appeal was timely filed, and thus his appeals for increased ratings and service connection are granted.

The Veteran's appeal includes claims for increased ratings and service connection, as well as a TDIU claim. The Board has ordered additional development to obtain medical records and VA examinations.

The Board denied the Veteran's claims for secondary service connection for obstructive sleep apnea as related to his service-connected chronic bronchitis and increased ratings for chronic bronchitis. The Board found that there was no probative evidence of a direct relationship between the Veteran's obstructive sleep apnea and his service-connected chronic bronchitis, and also determined that the Veteran did not meet the criteria for an increased rating prior to January 29, 2008 or from January 29, 2008 to October 21, 2009.

The Board has determined that the Veteran's current low back strain, scoliosis, and rotoscoliosis are related to his active service.

The Board finds that the Veteran's sleep apnea is related to his active duty service and grants service connection for this condition.

The Board has granted service connection for degenerative disc disease of the lumbar spine, right knee disorder, diabetes mellitus, and sleep apnea. Service connection for hypertension was not established.

The Veteran's epidermolysis bullosa is productive of monthly painful blisters on the heels of her feet, which are analogous to scars that are unstable or painful. The criteria for a 10 percent rating under Diagnostic Code 7815 have been met.

The Veteran's claim for service connection for asbestosis was granted with an effective date of May 24, 2011. Service connection for polyarteritis nodosa was denied.

The Veteran's appeal is being remanded for further development, including obtaining SSA records and scheduling a VA examination to assess his employability due to service-connected disabilities. The claim of secondary service connection for anxiety reaction will also be considered.

The Board has determined that the Veteran's sleep apnea is not related to his service or asbestos exposure, and therefore denied the claim for service connection.

The Board found that the Veteran's sleep apnea did not manifest during active military service and is not otherwise related to a disease, injury, or event during service. Therefore, the claim for service connection for sleep apnea was denied.

The Board denied service connection for a cervical spine disorder and sleep apnea, finding that the preponderance of evidence did not support these claims. The Veteran's cervical spine disorder was not shown to have had its onset during active service or be related to his military service. Sleep apnea is also not supported by the evidence as there is no diagnosis in the record.

The Board has remanded the case for additional development, including obtaining medical opinions regarding whether the Veteran's sleep apnea and hypertension are related to his service-connected PTSD or exposure to Agent Orange. The appeal is now pending again with the RO.

The Veteran's claim for increased ratings for his service-connected degenerative disc disease of the lumbosacral spine was granted, with a disability rating of 60 percent effective June 6, 2012. The previous rating of 20 percent prior to that date remains unchanged.

The Veteran's request for service connection for sleep apnea is being remanded due to his failure to report to a scheduled Travel Board hearing. He will be rescheduled for another hearing.

The Veteran's appeal is being remanded to the RO for further action, including scheduling a hearing before the Board at his current address.

The Board finds that an effective date of August 1, 2008, but no earlier, is warranted for the assignment of a 50 percent rating for sleep apnea based on evidence showing the Veteran underwent a CPAP titration study and was recommended to use a CPAP machine.

The Veteran's claims are being remanded due to incomplete service records. The missing records will be sought and associated with the claim file or, if not found, the Veteran will be advised of alternative sources.

The Board has granted service connection for obstructive sleep apnea and assigned a 10 percent evaluation. The Veteran's claim for increased rating for cervical spine disability is also granted.