Sleep apnea decisions — 2010

The Veteran's claim for service connection for a skin disability, claimed as secondary to Agent Orange exposure, is being remanded due to the need for additional evidence and further examination.

The Veteran's claim for higher ratings for his chronic lumbosacral strain with hip, thigh, buttocks and calf pain is being remanded to the RO due to a procedural issue. The initial staged-ratings assigned are not in dispute.

The Board has granted service connection for hypertension and sleep apnea, finding that these conditions had their onset during the Veteran's second period of military service. The effective date is not specified as it was a direct grant without reopening an old claim.

The Veteran's claim of entitlement to an evaluation in excess of 20 percent for his service-connected lumbosacral strain is being remanded due to inadequate development and the need for additional evidence.

The Board found that the Veteran's claimed conditions were not incurred or aggravated by service, and denied all claims for service connection.

The Veteran's service-connected residuals of a lumbosacral injury, which is rated at 40 percent, does not meet the criteria for an extraschedular rating due to lack of evidence showing marked interference with employment or frequent hospitalization.

The Veteran's lumbosacral spine disease, cervical spine pain with degenerative joint disease, and carpal tunnel syndrome of the left hand are currently evaluated at 20 percent. The Veteran's right hand carpal tunnel syndrome is noncompensable.

The Board found that the Veteran's PTSD, obstructive sleep apnea, and irregular heartbeat were not related to his active service. The claims for these conditions were denied.

The Board has ordered a remand to obtain additional medical records and conduct further examinations. The Veteran's claims for service connection are being reviewed based on the evidence provided.

The Board denied the Veteran's claims for service connection for hypertension, fibromyalgia, peripheral neuropathy of the upper extremities, and obstructive sleep apnea. The decision also granted service connection for specific phobia but assigned a non-compensable rating.

The Veteran is seeking an effective date prior to April 13, 2004 for the assignment of a 20 percent disability rating for his service-connected chronic lumbosacral strain. The VA has not obtained all relevant medical records from Pensacola VA Outpatient Clinic and must do so.

The Veteran's lumbosacral disability was initially evaluated at 10 percent prior to June 7, 2004. From that date, the disability warranted a higher evaluation of 20 percent.

The Veteran's service-connected lumbosacral and cervical strains are currently evaluated at the maximum available ratings, with no additional disability found to warrant higher evaluations.

The Veteran's claimed conditions were not found to be related to her service, and the Board denied all of her claims.

The Board has determined that the Veteran's obstructive sleep apnea is related to his military service, resolving all reasonable doubt in favor of the Veteran.

The Board has remanded the case for scheduling a Travel Board hearing due to the Veteran's request.

The Board denied service connection for obesity, bilateral hearing loss, obstructive sleep apnea, insomnia, headaches, anemia, and high blood pressure as there was no evidence of these conditions being related to the Veteran's military service.

The Board dismissed the Veteran's claims due to his death, and no jurisdiction remains for further action.

The Board has determined that the Veteran's retinitis pigmentosa was incurred in active service, and thus granted service connection for this condition.

The Board has remanded the case for additional development, including obtaining VA treatment records and conducting a VA examination to determine if the Veteran's sleep apnea is related to service.