Sleep apnea decisions — 2010

The Board has determined that the Veteran's low back disability began during his active military service and is therefore granted service connection.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need for additional medical examination and records.

The Veteran's service-connected chronic obstructive pulmonary disease (COPD) and sleep apnea have been granted, as these conditions are secondary to his service-connected recurrent pharyngitis and tonsillectomy.

The Board has determined that the Veteran's obstructive sleep apnea was incurred during active service, and therefore grants the claim for service connection.

The Veteran's claims for increased disability ratings and TDIU are being remanded due to the need for additional examinations and records.

The Board has remanded the Veteran's claims for service connection due to incomplete verification of his National Guard service periods and a need for additional medical examination.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and Social Security Administration (SSA) disability benefits records. The RO will then review the claim and readjudicate it.

The Board denied reopening of the claim for service connection for chronic lumbosacral strain and also denied service connection for degenerative disc disease of the lumbosacral spine. The evidence did not show a relationship between these conditions and active service.

The Board denied service connection for lumbosacral strain, arthritis, and degenerative disc disease as the Veteran's current disability was not shown to be related to his military service.

The Board has denied the Veteran's claim for an earlier effective date for service connection of sleep apnea, finding that no new evidence was submitted to warrant a change in the effective date from December 15, 2008.

The Veteran's service-connected lumbosacral strain does not meet the criteria for a rating in excess of 10 percent due to her combined range of motion being at least 120 degrees, even with consideration of pain on use.

The Veteran's claims for increased evaluations of his lumbosacral strain with traumatic arthritis, right knee arthritis, and residuals of a right middle finger fracture were denied. The RO found that the evidence did not support ratings in excess of 20 percent for lumbosacral strain with traumatic arthritis or 10 percent for right knee arthritis.

The Board denied the appellant's claims of service connection for sleep apnea, asthma, and an acquired psychiatric disorder due to a lack of evidence showing these conditions were incurred or aggravated during his brief period of ACDUTRA.

The Board found no evidence to support a service connection for post-traumatic discogenic disease of the lumbosacral spine, as there was no medical opinion linking current symptoms directly to military service.

The Board has denied the reopening of claims for service connection for arteriosclerotic heart disease, bilateral knee disability, lumbar spine disability, diabetes mellitus, and sleep apnea due to lack of new and material evidence.

The Board has remanded the case for additional development due to an inadequate VA examination.

The Veteran's service-connected chronic lumbosacral strain does not meet the criteria for a TDIU as his combined disability rating is less than 70% and he has other disabilities that have been found not to be service-connected. The Board finds that the Veteran is not unemployable due to his service-connected disability.

The Veteran's skin disorder of the feet was originally granted a 10% rating in September 1963, and increased to 30% in March 1977. The July 2006 decision granted a 60% disability rating which was later reduced to 30%. The Veteran's skin disorder is currently rated as 30% disabling.

The Board has remanded the claims due to the need for additional development, including obtaining Social Security Administration (SSA) records.

The Veteran's claims for service connection are being remanded due to the need to obtain his personnel file and any relevant medical records, including those from Wiesbaden Regional Medical Center. The Veteran will be scheduled for examinations to determine if his current disabilities were caused or aggravated by his service.