Sleep apnea decisions — 2010

The Veteran's service connection claims for sleep apnea and post-traumatic stress disorder (PTSD) were denied as the evidence did not establish a direct relationship to service.

The Veteran's appeal is being remanded due to the need for a personal hearing at the RO.

The Veteran's appeal of the rating for chronic lumbosacral strain with degenerative changes was withdrawn prior to a decision by the Board. The appeals for increased ratings for right wrist disability and for benefits under 38 U.S.C.A. § 1151 were remanded.

The Board denied the Veteran's claims for an initial rating in excess of 20 percent for post-operative lumbosacral spine disease and for an effective date prior to June 22, 2002.

The Board has remanded the case for further development and consideration, including obtaining a medical opinion regarding whether OSA is related to active service.

The Board found that the Veteran's degenerative disc disease of the lumbosacral spine is at least as likely as not etiologically related to his active service, and granted service connection for this condition.

The Board has remanded the Veteran's claims for service connection due to lack of development and consideration, including a need for additional medical examinations.

The Board has determined that the Veteran's claimed conditions are not proximately due to or the result of her service-connected hypothyroidism.

The Veteran's appeal is remanded for further development, including a new VA examination and obtaining medical records. The claim will be reviewed to determine if an increased disability rating is warranted.

The Board denied the Veteran's claims for service connection for sleep apnea and a disability rating in excess of 10 percent for lumbosacral strain.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's bilateral retinitis pigmentosa was present at entry into service and if it worsened during service.

The Board has determined that the Veteran's current lumbar strain is related to his in-service injury, and service connection for this condition is granted.

The Board has dismissed the appeal of the issue regarding service connection for depression, secondary to service-connected residuals of lumbosacral strain as there is no disputed question of law or fact. The RO's May 2010 rating decision granted service connection at a 30 percent initial evaluation for depression, secondary to service-connected residuals of lumbosacral strain.

The Board has determined that the Veteran's current obstructive sleep apnea is related to his military service, and thus grants the claim for service connection.

The Veteran's claims for increased ratings for lumbosacral strain and bilateral hearing loss were denied as the evidence did not support a higher rating under the applicable VA rating criteria.

The Veteran's claim for a disability rating in excess of 20 percent for service-connected lumbosacral strain is being remanded due to the need for a new VA examination and consideration of his reported worsening symptoms.

The Veteran's appeal is being remanded for further development of his service connection claims, including obtaining personnel records and medical records to determine the status of his service during the pertinent time period.

The Veteran's claims for service connection for bipolar disorder, posttraumatic stress disorder, sleep apnea, allergic rhinitis (sinus problems), chronic eye disorder, and hypertension were all denied. The claim for residuals of a shrapnel wound to the leg was granted.

The Veteran's spondylosis, L5-S1, with lumbosacral strain and left lower extremity radiculopathy is not rated higher than 20 percent due to lack of forward flexion of the thoracolumbar spine at 30 degrees or less.

The Board found that the Veteran's lumbosacral strain is not related to his service or a service-connected condition, and denied the claim.