Sleep apnea decisions — 2010

The Veteran's claim for service connection for PTSD and bulimia nervosa is being remanded due to the need for a VA psychiatric examination, as well as obtaining updated VA treatment records.

The Board has remanded the Veteran's claims for further development due to issues regarding service connection for various spinal and neurological conditions, as well as sleep apnea. The case will be returned to the RO via the AMC for this purpose.

The Board has determined that the Veteran's sleep apnea is aggravated by his service-connected DDD of the lumbar spine, and thus grants the claim for service connection for this condition as secondary to his service-connected disability.

The Veteran's claim for an increased rating for lumbosacral sprain was denied as the evidence did not show that his symptoms more nearly approximated the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's appeals for increased evaluations and service connection have been withdrawn by his representative.

The Veteran's sleep apnea was incurred during his military service and he is granted service connection for this condition. The issue of a compensable rating for dysthymic disorder remains pending.

The Veteran's claim for a TDIU rating was denied as he had not shown unemployability due to his service-connected disabilities. The basic eligibility requirements for Dependents' Educational Assistance (DEA) were also denied.

The Veteran's service-connected dysthymic disorder with generalized anxiety disorder, traumatic arthritis of the lumbosacral spine, and scar of the left forehead render him unemployable prior to March 24, 2005.

The Veteran's claims for increased ratings were denied as his service-connected disabilities did not meet the criteria for higher ratings under the applicable rating schedule.

The Board found that there is no evidence linking the Veteran's current low back disability to his military service, and arthritis of the lumbosacral spine was not shown within one year of discharge. The claim for service connection was therefore denied.

The Veteran's appeal is being remanded for additional development, including VA examinations and consideration of all relevant evidence.

The Veteran's claim for service connection for bilateral foot disorder, including pes planus, and obstructive sleep apnea was denied. The Board found that the evidence did not establish a direct relationship between these conditions and his military service.

The Veteran's claim of entitlement to service connection for gastrointestinal stromal tumor (GIST)/leiomyosarcoma is being remanded due to the need for additional development, including verification of herbicide exposure and a VA examination.

The Veteran's claim for an earlier effective date for service connection of his lumbosacral discogenic disease status-post laminectomies with fusion for herniated disc and spinal stenosis is denied. The Board finds that the effective date of September 20, 1955 for the grant of service connection is proper as there is no indication he filed a claim prior to this date.

The Board denied the Veteran's claims for service connection for sleep apnea, tinea pedis, bilateral pes planus, and bilateral hallux valgus. The Board found that there was no evidence of a chronic disability during service or within one year after separation from service. Additionally, the VA examiner opined that the Veteran's current sleep apnea is not related to his service-connected hypertension.

The Board has determined that the Veteran's sleep apnea with impaired concentration had its onset during his active service and is therefore granted service connection.

The Board has determined that the effective date for the grant of service connection for lumbosacral sprain should be July 18, 1979, which is the day following his separation from active duty.

The Board has determined that there is insufficient evidence to decide the claim and has ordered a VA examination to determine if the Veteran's current low back disability was caused or aggravated by his service-connected residuals of frostbite of the right and left lower extremities.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for various conditions allegedly resulting from VA treatment for Hodgkin's disease beginning in January 2004.