Sleep apnea decisions — 2009

The appeal is remanded to the RO for further development, including notification of the requirements to establish service connection on a secondary basis and obtaining additional evidence.

The Board denied service connection for deep vein thrombosis of the left leg, sleep apnea, and post-traumatic stress disorder as there was no competent medical evidence establishing a link to active service.

The Board found that new and material evidence had not been submitted to reopen the claim for a heart condition, but did find that new and material evidence had been submitted to reopen the claim for sleep apnea.

The veteran withdrew appeals for service connection for sleep apnea, headaches, skin disorder, asbestos exposure, lung disorder, buttocks injury, arthritis of the dorsal spine (claimed as back, left hand, neck, knees, ankles, and legs), pes planus, refractive error, cystitis, bilateral carpal tunnel syndrome, bursitis, left shoulder, enlarged heart, and compression fracture, T3-8.

The Board denied a rating in excess of 40 percent for lumbosacral strain, as the evidence did not show unfavorable ankylosis or acute signs and symptoms requiring bed rest prescribed by a physician.

The Board granted service connection for sleep apnea, finding that the evidence supports a direct relationship between the veteran's sleep apnea and his active duty military service.

The veteran's service-connected varicose veins, fibromyalgia of the left hip, right knee, right shoulder, and both hands, lumbosacral spine strain, and bilateral pes cavus were evaluated. The Board found that an initial 10 percent disability rating for each extremity was warranted for the veteran's bilateral varicose veins from the time period beginning with the grant of original service connection.

The veteran's service-connected disabilities, including chronic lumbosacral strain and residuals of a left meniscectomy, preclude him from engaging in substantially gainful employment.

The Board denied the Veteran's claim for service connection for arthritis, finding no evidence of such condition in service or within one year of discharge and no medical evidence linking current conditions to active military service.

The Board denied the Veteran's claims for service connection for pulmonary emboli, sleep apnea, and GERD as they were not shown to be related to his active service or secondary to his service-connected PTSD.

The veteran was granted a rating of 20 percent for his degenerative disc disease of the lumbosacral spine prior to May 4, 2005, and this rating was not increased from May 4, 2005.

The veteran's claim for an increased rating for degenerative arthritis of the lumbosacral spine is being remanded to schedule a new VA examination.

The Board denied the veteran's claim for service connection for a low back disorder, including a lumbosacral strain, as there was no credible evidence of an in-service injury and no medical evidence linking his current condition to military service.

The veteran's PTSD was service-connected, and the rating for his lumbosacral strain remained at 40 percent.

The Board remands the claim for a VA examination to determine if there is a 50 percent probability or greater that the veteran's sleep apnea syndrome is related to service.

The Board denied service connection for all the claimed conditions as they were not related to an in-service disease or injury.

The veteran's claim for a rating in excess of 20 percent for lumbosacral strain was remanded to obtain additional evidence and an updated VA examination.

The Board found no clear and unmistakable error in the May 1971 RO decision that denied service connection for retinitis pigmentosa.

The appeal was dismissed due to the death of the appellant.

The veteran did not meet the requirements for TDIU under the provisions of 38 C.F.R. § 4.16(a) until July 13, 2004, and as such, an earlier effective date is denied; however, the claim should be referred to the Director, Compensation and Pension Service for extraschedular consideration.