Sleep apnea decisions — 2010

The Board denied service connection for retinitis pigmentosa, finding that the condition did not exist prior to service and was not aggravated by service.

The Board is remanding the case due to the need for further development, including reconciling diagnoses of mental disorders and considering additional evidence submitted by the appellant.

The Veteran's claim for an increased rating for his lumbosacral strain disability was denied as the evidence did not show ankylosis of the spine or incapacitating episodes that required bed rest and treatment by a physician.

The Veteran's appeal has been withdrawn, and the RO has granted separate additional 10 percent ratings for radicular symptoms of the right lower extremity and left lower extremity effective from June 25, 2009.

The Board has granted service connection for obstructive sleep apnea and increased ratings for bursitis of the left hip and right hip. The Veteran's current symptoms are considered, with no ankylosis or other severe limitations.

The Board denied the Veteran's claims for service connection for lumbosacral strain and arteriosclerosis obliterans of the right leg, finding that there was no evidence linking these conditions to his active military service.

The Board has determined that the Veteran's obstructive sleep apnea is not secondary to his service-connected hypertension and therefore, does not meet the criteria for service connection.

The Board denied the Veteran's claim for an effective date earlier than September 8, 2003, for a 20% disability rating for lumbosacral strain with disc herniation. The RO assigned this rating based on evidence showing that the increase in disability occurred prior to September 8, 2003.

The Board denied the Veteran's claims for a rating in excess of 20 percent for DDD with herniated nucleus pulposus, lumbosacral spine and an initial compensable evaluation for neuropathy of the left lower extremity from April 4, 2006.

The Veteran's appeal is being remanded for further development, including obtaining VA and private treatment records, scheduling a VA examination, and updating the claims file.

The Veteran's claim for service connection for sleep apnea as secondary to his service-connected esophagitis is being remanded due to an internally inconsistent medical opinion.

The Board has remanded the Veteran's claims for further development due to incomplete examinations and need for additional medical opinions.

The Board has remanded the case due to scheduling issues and will handle any additional development or other appropriate actions expeditiously.

The Veteran's obstructive sleep apnea is found to have developed during his active military service, and the Board has granted service connection for this condition.

The Board has determined that the Veteran's current sleep apnea is likely due to an injury sustained during his military service, and thus grants service connection for this condition.

The Board has determined that the Veteran's currently existing sleep apnea is aggravated by his service-connected Type II diabetes mellitus.

The Board has remanded the case due to incomplete service treatment records and a need for further examination regarding the Veteran's claimed conditions. The claims will be reconsidered based on the additional evidence.

The Veteran's claim for an increased evaluation of his service-connected lumbosacral strain was denied. The Board found that the evidence did not show a level of disability supporting a higher rating than 10 percent, and no earlier effective date is assignable due to lack of factual basis.

The Board found that the current obstructive sleep apnea is not linked to the Veteran's active duty service and does not meet the criteria for secondary service connection. Therefore, it was denied.

The Veteran does not have lumbosacral strain that is attributable to his active military service, and the Board finds that it is not related to a service-connected disability.