Sleep apnea decisions — 2010

The Veteran's claim for a higher level of SMC based on the need for aid and attendance was denied as she does not meet the threshold requirement of entitlement to SMC at the maximum rate or an intermediate rate.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining medical records and arranging for VA examinations to address his service connection claims.

The Board has remanded the case for additional development and a hearing before a decision review officer at the RO.

The Board has dismissed the Veteran's claims for sleep apnea and Peyronie's Disease. The claim of entitlement to an evaluation in excess of 30 percent for PTSD is remanded due to a need for additional development, including scheduling a VA examination.

The Veteran's service-connected degenerative joint disease of the lumbosacral spine is rated at 20 percent effective April 17, 2008. The RO granted an increased rating for this condition.

The Veteran's service-connected disabilities have rendered him unable to work, but further development is needed to determine if his employment issues are solely due to these conditions.

The Board found no evidence of a current disability related to service, and denied the Veteran's claim for service connection for sleep apnea as secondary to his service-connected major depression.

The Veteran's claim for an earlier effective date for service connection of degenerative arthritis of the thoracic and lumbosacral spine is being remanded due to a potential clear and unmistakable error in a previous rating decision.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that his sinusitis disorder is a contributing factor to his current sleep apnea.

The Board has determined that the Veteran's claimed back and knee disabilities are not service-connected as they did not begin in service or for many years thereafter, and there is no credible medical evidence linking these conditions to service.

The Board denied the Veteran's claims for service connection for PTSD and sleep apnea, finding that there was no verified stressor to support a diagnosis of PTSD and insufficient evidence linking sleep apnea to service or any other condition.

The Veteran's claim of entitlement to service connection for sleep apnea is being remanded due to the need to verify a statement purportedly from Dr. J.S. at St. Francis Hospital and to obtain additional medical opinions.

The Veteran's claim for an increased rating for his fracture of the 3rd sacral vertebra with chronic lumbosacral strain was denied. The disability is currently rated at 20 percent.

The Board has determined that the Veteran's sleep apnea is service-connected, but there is no evidence of arthritis of the right middle finger during or after his military service.

The Veteran's sleep apnea was not shown to be related to service or a service-connected disability. The claim of secondary service connection for skin cancer as secondary to PTSD is denied due to lack of legal merit.

The Board found that the Veteran's pre-existing bilateral pes planus was not aggravated by service and denied his claim for service connection for a bilateral foot disability. The claims for sinusitis, allergic rhinitis, and respiratory disorder (hay fever and sleep apnea) are remanded due to insufficient evidence of in-service onset or continuity of symptoms.

The Board dismissed the earlier effective date claim for an initial or increased rating due to lack of specific error of fact or law in the determination being appealed. The Veteran's claims for service connection were not addressed on the merits as no initial or increased evaluations were granted.

The Board found that the Veteran's current back conditions are not attributable to his in-service motorcycle accident and denied his claim for service connection.

The Veteran's lumbosacral strain with herniated disc has been rated at 40 percent since June 9, 2007.

The Board found that the Veteran's current back disability is not related to his service and denied his claim for service connection.