Sleep apnea decisions — 2007

The Board has decided to remand the case for further development, including a new VA examination and consideration of extraschedular evaluation.

The Board denied the veteran's claims for service connection for hypertensive vascular disease and obstructive sleep apnea, finding that new and material evidence had not been submitted to reopen the claim for hypertension. The Board also found that there was no evidence linking the veteran's obstructive sleep apnea to his military service or a service-connected disorder.

The Board has remanded the case for additional development due to a need for medical examinations and records from Social Security Administration.

The veteran's claim for an evaluation in excess of 20 percent for his service-connected lumbosacral strain with degenerative joint disease of the lumbar spine is being remanded due to a need for additional VA examination and consideration of recent treatment records.

The Board has denied the veteran's claims for service connection for a back disorder and hypertension, finding that there is no credible evidence linking these conditions to his military service.

The Board denied an initial rating higher than 20 percent for lumbosacral strain, finding that the veteran's condition did not meet criteria for a higher rating based on current VA rating criteria.

The Board denied the veteran's claims for service connection for numbness of feet and an increased rating for lumbosacral strain, finding that there was no evidence to support these claims. The veteran's numbness in his feet was not related to his service-connected tinea pedis or lumbosacral strain, and his lumbosacral strain did not meet the criteria for a higher rating.

The Board has reopened the claim for service connection for sleep apnea, to include as secondary to asthma. However, it was determined that there is no relationship between the veteran's current sleep apnea and either his service or his service-connected asthma.,For the period prior to December 1, 2001, the RO granted a 30 percent rating for asthma effective December 15, 1998. For the period from December 1, 2001 to January 2, 2004, the RO granted a 60 percent rating for asthma. Since then, the veteran has not been awarded any higher ratings.

The veteran's claims for service connection for compression fracture of the lumbosacral spine at L5, status post scleral buckles/bilateral retinal detachment/diplopia, glaucoma, and visual impairment have all been denied as not related to active service or service-connected disability.

The Board has determined that the veteran's sleep apnea and allergic rhinitis are related to their service, granting service connection for both conditions.

The veteran's claim for a higher rating for his service-connected lumbosacral strain is being remanded due to the need for additional development, including VCAA notice and a VA examination.

The veteran's claims for service connection for PTSD, right shoulder degenerative changes, right knee retropatellar pain syndrome, and lumbosacral spine strain have been granted. The effective dates for these grants are October 25, 2002, June 7, 2003, and June 7, 2003, respectively.,The veteran's claim for service connection for PTSD remains pending.

The veteran's appeal is being remanded for further development, including obtaining VA treatment records and SSA medical records. He also needs a VA examination to assess his right knee disability and the relationship between his lumbar spine disorder and service-connected condition.

The veteran's claims for service connection were denied. The Board found that the evidence did not support higher ratings for lumbosacral strain with degenerative disc disease, and denied his claims for respiratory disorder, hearing loss, tinnitus, and PTSD.

The case is being remanded for further development, including obtaining VA Prosthetics records and a VA orthopedics examination.

The Board has remanded the case for further development and consideration, including obtaining additional VA and private medical records, providing VCAA notice, and readjudicating the claim.

The veteran's claims for increased evaluation of low back disorder, service connection for bilateral arthritis of the hands, hypertension, and diabetes mellitus, type II were denied. The claims for reopening service connection for herniated nucleus pulposus of C5-C6 and right shoulder disorder were also denied.

The Board denied service connection for lumbosacral and left knee disorders, finding that the veteran's current conditions were not related to his military service or a service-connected condition.

The veteran's appeal is being remanded for a Video Conference Hearing before a Veterans Law Judge at the earliest date possible.

The Board has determined that the veteran's skin disorders and peripheral neuropathy are not related to his service, including his exposure to Agent Orange.