Sleep apnea decisions — 2010

The Board has determined that the Veteran's sleep apnea is not related to his service and therefore denied his claim for service connection.

The VA has denied the appellant's claims for increased ratings and restoration of her rating for allergic rhinitis with exercise induced asthma. The RO found that the disability did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has remanded the case due to insufficient evidence regarding the onset and etiology of the Veteran's obstructive sleep apnea, which is a respiratory condition.

The Board has granted the Veteran's claims for service connection for Posttraumatic Stress Disorder (PTSD) and insomnia/parasomnia, as well as PTSD including insomnia and parasomnia. The claim of service connection for obstructive sleep apnea is REMANDED due to insufficient evidence.

The Board has determined that the veteran's sleep apnea and memory loss were not incurred or aggravated during service, and therefore denied these claims. The right ulnar spur formation with degenerative joint disease and ganglion cyst have also been denied as they do not meet the criteria for a higher rating.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for further consideration, including an evaluation of whether the issue warrants extraschedular consideration.

The Veteran's lumbosacral strain has been rated at 40 percent since the July 2004 rating decision. Since November 5, 2009, he has also been granted separate 10 percent ratings for right and left-sided mild incomplete paralysis of the sciatic nerve.

The Veteran's claim for service connection for his low back disability is being remanded due to the need for additional medical records and an opinion regarding the etiology of his condition.

The Veteran's appeal was withdrawn for all issues except the initial rating for PTSD, which resulted in a denial. The Veteran also withdrew his appeals on other secondary service connection claims.

The Veteran's appeal is being remanded for further development, including obtaining corroborated stressor information and scheduling VA examinations to determine the nature of his acquired psychiatric disorder and sleep apnea.

The Veteran's service-connected eczema/rosacea is rated at 60 percent, and her right arm carpal tunnel release is rated at 30 percent. The Veteran also has a respiratory disorder (asthma) and a left ankle disability that are presumed to be related to active military service.

The Veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on aid and attendance or housebound status.

The Veteran's appeal of the issue of entitlement to an initial compensable evaluation for bilateral cataracts was withdrawn prior to a decision being made. The issues of service connection for sleep apnea and panic disorder with agoraphobia are remanded for further development.

The Veteran's claim for an increased initial disability rating for his service-connected chronic lumbosacral strain with degenerative disc disease is being remanded due to the need for additional examinations and evaluations.

The Board has determined that additional development is needed to determine the Veteran's service connection claims, including obtaining his in-service medical records and providing him with appropriate VA examinations.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need to obtain medical records from Winthrop Healthcare/Family Practice dated from 1996.

The Veteran's claims for service connection for chronic obstructive pulmonary disease and sleep apnea are being remanded due to the need for a VA examination, as well as additional development of evidence.

The Veteran's low back disorder is not service-connected, and his combined rating for service-connected disabilities does not meet the criteria for TDIU.

The Board has remanded the case for additional development, including scheduling VA examinations and obtaining updated medical records. The Veteran's claims for an increased rating for lumbosacral strain and TDIU will be considered on both a schedular and extra-schedular basis.

The Board denied the Veteran's claims for service connection for sleep apnea, increased ratings for lumbar and cervical spine disabilities, and an earlier effective date for TDIU benefits.