Sleep apnea decisions — 2009

The Veteran's appeal is remanded due to the need for a new VA examination of his service-connected low back disorder and consideration of whether he is unemployable.

The Board has determined that the Veteran's current back disability, including arthritis of the lumbosacral spine, is presumed to have been incurred during service due to radiographic evidence of arthritis within one year of service.

The Veteran's claims for various conditions, including hypothyroidism, ulcerative colitis, sleep apnea, folliculitis, a seizure disorder, and a chronic eye disorder, were denied as they are not shown to be related to service or herbicide exposure.

The Board denied the Veteran's claims for service connection for a right hip disability and to reopen his claim of service connection for lumbosacral strain. The decision found that new and material evidence had not been submitted, and that any current back condition was likely congenital in origin.

The Board has determined that the Veteran's sleep apnea and cataplexy are not proximately due to, the result of, or aggravated by his service-connected PTSD.

The Veteran's claims for service connection for sleep apnea and fatigue have been denied as there is no competent or probative medical evidence showing that these conditions are related to his military service.

The Veteran's lumbosacral strain with right S1 radiculopathy was rated at 20 percent since December 12, 2007. The effective date for this rating is set as of that date. The Veteran's claim for an earlier effective date was denied.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and VA treatment records. The TDIU claim will also be remanded for further adjudication.

The Veteran's lumbosacral strain and cervical syndrome have been granted increased ratings to 40 percent and 30 percent, respectively, effective May 18, 2006.

The Veteran's claims for higher initial disability ratings for his lumbar and thoracic spine disabilities have been denied. The VA has considered all relevant evidence, including the results of VA compensation examinations.

The Veteran's current flushing syndrome and associated symptoms are secondary to his contamination during service with jet engine fuel.,Diabetes mellitus, coronary artery disease, hypertension, osteopenia, and obstructive sleep apnea are all secondary to the Veteran's service-connected flushing syndrome.

The Board finds that the Veteran's sleep apnea with hypersomnolence is not related to his military service or any service-connected condition, including Agent Orange exposure. The claim must be denied.

The Veteran's cervical spine disability is found to be related to his service-connected lumbar spine disability, and the claim for service connection for a cervical spine disability is granted.

The Veteran's claims for service connection for paranoid schizophrenia and sleep apnea are denied as his discharge from military service under other than honorable conditions serves as a bar to the claimed benefits.

The Veteran's appeal is being remanded for additional development to determine if his service-connected disabilities preclude him from securing and following substantially gainful employment.

The Board denied service connection for sleep apnea and narcolepsy, finding that the disorders were not incurred in or aggravated by active service and are not proximately due to, or the result of, a service-connected disability.

The Veteran's claims for increased ratings for lumbosacral strain associated with Schmorl's nodes and right shoulder impingement syndrome are being remanded due to the need for additional development.

The Veteran is seeking service connection for arthritis of the lumbosacral spine. The Board finds that additional development, including obtaining medical records and Social Security Administration (SSA) disability determination, is needed before a decision can be made on his claim.

The Board has remanded the case due to lack of service treatment records and need for a VA examination.

The Board has denied the Veteran's claim of service connection for sleep apnea, finding that there is no evidence of onset during military service and no competent medical opinion linking it to a service-connected disability.