Sleep apnea decisions — 2010

The Board has determined that the Veteran's obstructive sleep apnea had its clinical onset during his period of active service and grants the claim for service connection.

The Veteran's appeal is being remanded for further evidentiary development due to the need for a VA examination of his service-connected low back and left leg radiculopathy disabilities.

The Board has remanded the Veteran's claim for service connection for cervical mycocytes, claimed as neck injury, due to a lack of evidence showing a relationship between his current disability and an in-service injury. The lumbosacral strain with disk protrusion is not considered incurred or aggravated by active service.

The Veteran's claims for service connection for back disability, sleep apnea, and hypertension are being remanded due to the need for additional development of evidence.

The Board has determined that the Veteran's sleep apnea was incurred in service and granted service connection.

The Veteran's appeal for service connection for sleep apnea has been dismissed due to the death of the appellant.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to determine the nature and etiology of his sleep apnea and sinusitis.

The Board has reopened the Veteran's claims for service connection for a psychiatric disorder, including PTSD, and hypertension. The new evidence received since the last final denial relates to these conditions and raises a reasonable possibility of substantiating them.

The Veteran's obstructive sleep apnea was found to have begun in service and has continued since, granting service connection. The claim for an increased rating for hypertension with supraventricular tachycardia and sick sinus syndrome remains pending.

The Board found that the Veteran's obesity was not caused by or related to his period of active military service. The issues regarding a back disorder, an acquired psychiatric disorder (including a stress disorder and dysthymic disorder), and sleep apnea are addressed in the REMAND portion of the decision.

The Veteran's degenerative arthritis of the lumbosacral spine is currently rated at 10 percent, and his lumbar radiculopathy is separately rated at 10 percent. The current ratings are appropriate based on the evidence of record.

The Board found that the Veteran's sleep apnea was incurred in service, resolving all reasonable doubt in his favor.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the current severity of his service-connected lumbar spine disorder and whether he is unemployable due to this disability. The case will also be referred to the Undersecretary for Benefits or Director of Compensation and Pension Service for consideration of an extra-schedular evaluation.

The Board found that the Veteran does not meet the criteria for special monthly compensation based on housebound status or permanent need for regular aid and attendance, as he is not in need of such assistance.

The Board found that the Veteran's current sleep apnea was not incurred in or aggravated by his active service and denied both his claim for service connection and his TDIU claim.

The Board found that the Veteran's COPD, BPH, hypertension, and sleep apnea are not related to his service-connected diabetes mellitus.

The Veteran's claims for an increased rating for her lumbosacral strain and a total rating based on individual unemployability due to service-connected disability are being remanded for additional development of the record.

The Board is remanding the case for additional development to verify the appellant's service dates and determine if his conditions are related to active duty, ACDUTRA or INACDUTRA.

The Veteran's initial compensable ratings for sleep apnea with disordered breathing and allergic rhinitis have been granted, but the appeal is pending for other conditions.

The Board has remanded the case for further development, including VA examinations and additional medical records review.