Sleep apnea decisions — 2010

The Veteran's service connection claims for arthritis of the lumbosacral spine and right knee were denied as his conditions are not related to active service.

The Veteran's cause of death, sarcoma (soft-tissue, liposarcoma), is one of the diseases listed in 38 C.F.R. § 3.309(e) for which presumptive service connection may be granted based on exposure to herbicides during his service in Thailand.

The Veteran's claim for an increased rating for rosacea with facial erythema and telangiectasia is being remanded due to the need for additional examinations and medical records.

The Board has remanded the case for further development, including obtaining service treatment records and VA medical records, as well as scheduling a VA examination to determine whether preexisting sleep apnea was aggravated by the Veteran's second period of active duty. The claim for an increased rating for posttraumatic stress disorder is also being remanded.

The Board denied the Veteran's claims for service connection for hypertension, heart disease (claimed as cardiomegaly), and sleep apnea. The decision also addressed whether new and material evidence had been presented to reopen these claims.

The Veteran's claims for increased ratings for lumbosacral strain, chondromalacia of the left knee, and inguinal hernia were denied as there is no evidence of unfavorable ankylosis or incapacitating episodes that would warrant higher ratings.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board finds that his claim for TDIU is granted.

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

The Veteran's initial claims for increased ratings for diabetes mellitus, type II were denied prior to April 9, 2008. From April 9, 2008, forward, the Veteran was granted a 20% rating.,From May 23, 2008, the Veteran's claim for an increased rating for diabetes mellitus, type II was denied.,The Veteran's claims for service connection for cancer of the lumbosacral spine and arthritis of multiple joints were both denied. The loss of bilateral great toenails was also not found to be related to service.,Service connection for cancer of the lumbosacral spine was denied as it is not due to or aggravated by his service-connected prostate cancer. Service connection for arthritis of multiple joints was denied as there is no evidence that it was incurred in service.,The Veteran's loss of bilateral great toenails was also denied, with no indication that it was related to service.

The Board has determined that the Veteran's low back disability pre-existed service and was aggravated by service. The claim for sleep apnea is remanded due to incomplete information in the record.

The Board has granted an extension of the appellant's delimiting date to June 14, 2015 for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code due to her physical and mental disabilities preventing her from completing her chosen education program.

The Veteran's obstructive sleep apnea was found to have its onset during his active military service, and the Board granted service connection for this condition. The right knee disability issues were not addressed in detail due to the remand instructions.

The Veteran's appeal has been dismissed as he withdrew his appeal in writing prior to the Board's decision.

The Board has decided to remand the case for additional development, including a VA examination and consideration of new evidence.

The Veteran seeks service connection for sleep apnea, which he contends was caused by his 14-year period on a rotating shift cycle during active duty. The Board has remanded the case to allow for further development and an examination.

The Veteran's sleep apnea is found to be at least as likely as not attributable to his military service, and the Board grants service connection for this condition.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that the evidence is in relative equipoise as to whether his sleep apnea originated during his period of active duty.

The Board has granted service connection for sleep apnea and an increased rating for degenerative disc disease of the cervical spine.

The Veteran's initial compensable evaluation for service-connected left ankle sprain has been denied due to lack of evidence demonstrating marked or moderate limitation of motion, painful motion, or other functional impairment. The Veteran's osteoarthritis with degenerative disc disease (DDD) of the lumbosacral spine is rated at 10 percent.

The Board granted service connection for lumbosacral strain and left plantar lesions, effective from May 1, 2006. The Veteran was assigned a 10 percent rating for each condition.