Sleep apnea decisions — 2008

The Board has determined that the veteran does not have osteomyelitis and currently does not have a chronic sleep disorder due to service. Therefore, both claims for service connection are denied.

The veteran's appeal is being remanded for additional development, including VCAA notice and an opinion regarding his ability to secure or follow a substantially gainful occupation due to service-connected disabilities.

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for additional development, including obtaining employment history and Social Security Administration records.

The Board denied the veteran's claims for increased evaluations and service connection, finding no legal basis for an evaluation in excess of 10 percent for degenerative disc disease of the lumbar spine. The other issues were not addressed due to lack of a clear service connection claim.

The Board has determined that additional development is necessary and the case is being remanded to the RO for further action.

The veteran's appeal is being remanded due to the need for correspondence at their current address. The claim will be returned to the Board for further review if necessary.

The veteran's appeal is being remanded for additional development, including obtaining medical records and a new examination to assess the severity of her service-connected disabilities.

The Board has remanded the case for additional development to obtain updated treatment records, a medical opinion regarding the relationship between service-connected disabilities and sleep apnea, and a VA examination to determine the nature, extent, and etiology of any sleep apnea found on examination.

The Board has determined that the veteran's sleep apnea is related to his active service and grants service connection for this condition.

The Board denied the veteran's claims for service connection for lumbosacral strain and spina bifida. The claim for lumbosacral strain was denied due to lack of evidence showing a pre-service injury or aggravation during service, while the claim for spina bifida was denied as there is no clear and unmistakable evidence that it was aggravated by service.

The veteran's claims for increased evaluations and service connection are being remanded due to the need for additional medical records and examinations.

The Board denied the veteran's claims for service connection and increased rating, finding that new evidence did not reopen his claim of hearing loss and that he did not meet criteria for higher ratings for PTSD. The claims were also denied as secondary to post-traumatic stress disorder.

The veteran seeks service connection for secondary disabilities of his low back, neck, and arms due to his service-connected knee disabilities. The case is remanded for further development including obtaining VA outpatient records and scheduling a VA orthopedic examination.

The Board denied service connection for various conditions, including skin disorders, migraines, hypertension, eye disorders, neuropathy, tinnitus, temporomandibular joint disorder, and hyperlipidemia, all allegedly due to exposure to Agent Orange. The veteran's PTSD claim was granted with a 30% rating effective February 2, 2004.

The veteran's service-connected disabilities, including major depressive disorder and other physical conditions, have rendered her unable to secure or follow substantially gainful employment. The Board has determined that she is entitled to a TDIU.

The veteran's lumbosacral strain was rated at 20% prior to August 27, 2007, and at 10% from that date. The thoracic spine disorder is not service-connected, nor is the cervical spine disorder.

The Board found that the veteran's current degenerative joint disease of the lumbosacral spine is not related to his service, and denied his claim for service connection.

The Board has remanded the veteran's claims due to the need for additional development of his medical records and a VA examination.

The Board has remanded the case for additional development due to a failure to comply with Kent v. Nicholson requirements and to advise the veteran of what evidence would substantiate his petition to reopen his claim of service connection for lumbosacral strain.

The veteran's service-connected lumbosacral strain was rated at 20 percent effective July 16, 2002. The RO granted a TDIU rating prior to July 3, 2002.