Sleep apnea decisions — 2008

The veteran's appeal involves multiple issues related to his spine and skin conditions, including seeking service connection for periodontal disease and increased disability ratings for cervical and lumbar spine disorders. The case is being remanded for further development.

The veteran's appeal is being remanded for additional development, including a VA examination to address the nature and etiology of her foot disorders and lumbar spine disability. The TDIU claim is also inextricably intertwined with the other claims.

The Board has determined that the veteran's sleep apnea, navel hernia, diabetes mellitus, prostate cancer, and acquired psychiatric disorder (PTSD) are not related to service. The claims for these conditions have been denied.

The veteran's service-connected sleep apnea and sarcoidosis are currently rated at 50 percent, which is the maximum schedular rating available for these conditions. The Board finds that a higher disability rating is not warranted as there is no evidence of chronic respiratory failure or cor pulmonale.

The Board has decided to remand the case for further development, including a VA examination to determine the etiology of the veteran's current sleep apnea and whether it is related to his service in Southwest Asia.

The veteran is seeking a TDIU due to his service-connected disabilities, but the VA has not provided an examination assessing whether he can secure and maintain substantially gainful employment.

The Board found no evidence linking the veteran's current lower back disability to his service, including any in-service injury or disease. The claim for service connection was denied.

The Board denied the veteran's claims for a higher rating for his lumbosacral strain and TDIU based on his low back disability, finding that he did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has determined that the veteran's degenerative disc disease of the lumbosacral spine warrants a rating of 30 percent effective from April 30, 2003 to August 16, 2007.

The Board has determined that the veteran's current sleep apnea is more likely than not related to his active military service, and thus grants service connection for this condition.

The veteran withdrew his appeal for a higher rating of his service-connected lumbosacral strain with post-operative disc disease, which had been rated at 40 percent. The Board dismissed the case as a result.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the veteran's current lumbar disorder and whether it is related to service. The RO must provide a new notification letter, afford the veteran an orthopedic examination, and consider all submitted evidence before proceeding with appellate review.

The veteran's claim of service connection for insomnia, as a manifestation of his service-connected adjustment disorder, has been dismissed due to the overlap between the two conditions and the established compensation.

The veteran's claim for an increased evaluation of his service-connected degenerative disc disease of the lumbosacral spine is being remanded due to the need for additional VA medical records.

The Board denied the veteran's claims for increased ratings for his low back disability and hypertension, finding that the evidence did not support a higher rating based on incapacitating episodes or neurological manifestations.

The Board denied service connection for the claimed conditions, finding that they are not attributable to military service or service-connected disabilities.

The veteran's service-connected disabilities, including a lumbosacral strain, pseudofolliculitis barbae, and right hip tendonitis, do not render him unemployable considering his educational and occupational background.

The Board found that the veteran's sleep apnea was not incurred in or aggravated by active service and is not proximately due to or the result of his service-connected diabetes mellitus and hypertension.

The veteran's claims for dental trauma, rosacea, adult acne, chloracne, and pleomorphic adenoma as a result of herbicide exposure were all granted. Service connection was established for residuals of dental trauma to tooth number 8 due to in-service injury.

The Board has determined that there is a procedural defect and requires the RO to prepare a Supplemental Statement of the Case (SSOC) addressing new evidence received since the May 2007 SSOC.