Sleep apnea decisions — 2010

The Veteran's appeal for service connection for obstructive sleep apnea, including as secondary to service-connected bronchial asthma, was withdrawn prior to the Board's decision. The TDIU claim is inextricably intertwined with the increased rating claim for bronchial asthma and is therefore deferred.

The Board denied the Veteran's claims of service connection for left knee disability, right knee disability, obstructive sleep apnea, and tinnitus. The Board found no evidence linking these conditions to active duty.

The Veteran's service connection for bilateral hearing loss is granted, and the Board finds that by extending the benefit of the doubt to the Veteran, his current right hip disorder, left hip disorder, and cervical spine disorder are as likely as not related to active service.

The Board found that the Veteran's sleep apnea was not caused or aggravated by his service-connected PTSD and denied his claim for service connection.

The Board has determined that the Veteran's current sleep apnea is proximately due to and aggravated by his service-connected deviated nasal septum.

The Veteran's appeal is being remanded due to the need for a new examination and additional medical records.

The Veteran's service-connected disabilities, including back and lung injuries from shell fragment wounds in service, render him unable to secure or follow a substantially gainful occupation.

The Board found that the appellant's service-connected low back disorder, manifested by chronic low back pain and significant limitation of motion, did not meet the criteria for a rating in excess of 40 percent.

The Veteran's service connection claims for various conditions, including coronary artery disease due to herbicide exposure in Vietnam, are granted.

The Board has remanded the case for additional development, including obtaining Social Security Administration (SSA) decision and supporting documents, VA treatment records from the Norwich VetCenter, and a VA psychiatric examination to determine the severity of the Veteran's PTSD. The issues on appeal are service connection for sleep apnea as secondary to PTSD and an initial disability evaluation in excess of 30 percent for PTSD.

The Board denied service connection for hypertension, erectile dysfunction, major depressive disorder, narcolepsy, sleep apnea, and varicose veins. The Veteran's lay assertions regarding the development of these conditions during active duty or National Guard training were not credible.

The Veteran's claims for higher ratings for service-connected right shoulder and lumbosacral spine disabilities are remanded due to the need for additional examination.

The Veteran is seeking service connection for irritable bowel syndrome and lumbosacral strain, which he contends began in service. The case was remanded due to inadequate opinion regarding the etiology of these conditions.

The Board found that the December 1968 rating decision denying service connection for malformation of the lumbosacral spine is final. The evidence received since then does not relate to an unestablished fact necessary to substantiate the claim, and thus the claim was denied on the merits.

The Veteran's initial and increased ratings for sleep apnea from April 20, 1991 to October 6, 1996 were denied by the Board. The effective date of the rating remains at October 7, 1996.

The Veteran's claim for service connection for sleep apnea, including as secondary to his service-connected sinusitis and choanal stenosis surgery, is being remanded due to the need for a VA examination to address whether the sleep apnea is related to his service-connected conditions.

The Veteran's claim for a higher initial evaluation for lumbosacral strain is being remanded due to the need for additional development and consideration of past evidence.

The Veteran's service-connected disabilities do not render him unemployable, as he is currently employed part-time and has not been terminated from his job due to his service-connected conditions.

The Veteran's appeal is being remanded for additional development to secure the reports of any VA examinations he alleges were conducted, and for further medical opinions regarding his claimed low back disability, left ankle disability, and skin condition.