Sleep apnea decisions — 2010

The Veteran's service-connected disabilities, including PTSD, do not prevent him from securing or following a substantially gainful occupation.

The Veteran's lumbosacral strain is currently rated at 10 percent, but the evidence shows that his disability has worsened and he should be granted a higher rating of 20 percent effective September 2, 2008.

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

The Board has determined that additional development is necessary before the claim for increased rating and TDIU can be fully adjudicated.

The Veteran's appeal for service connection for sleep apnea, lung disability (COPD), and PTSD has been denied as there is no current diagnosis of these conditions related to her military service.

The Veteran's appeal is being remanded for further development and consideration, including scheduling a hearing before the Board of Veterans' Appeals.

The Veteran's sleep apnea is found to be related to his military service, and the Board grants service connection for this condition.

The Veteran's lumbosacral strain is rated at 20 percent, and the Board granted service connection for a cervical disk disorder, left knee disorder, and left peroneal nerve palsy as secondary to his service-connected lumbosacral strain.

The Board has granted service connection for tinnitus, but denied service connection for hearing loss and lumbosacral strain. The Veteran's PTSD claim is pending due to the need for verification of stressors.

The Veteran's service-connected disabilities render him in need of regular aid and attendance, warranting special monthly compensation based on this need.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for sleep apnea. The issue of whether service connection is warranted for a psychiatric disorder remains unresolved.

The Veteran's lumbosacral strain with degenerative joint disease is currently rated at 20 percent, but the VA examination and addendum indicate that his disability warrants a higher rating of 40 percent due to limited range of motion and mild sciatic neuropathy.

The Veteran's claimed bilateral leg disorder is not currently shown, and the Board finds that it was not incurred in or aggravated by active service.

The Veteran's currently demonstrated obstructive sleep apnea with daytime hypersomnolence is found to be due to disease or injury incurred in service, granting service connection.

The Veteran's service-connected spine disability has been manifested by degenerative joint disease and chronic lumbosacral strain, but does not meet the criteria for a higher initial rating.

The Veteran's claims for service connection have been denied. The Board has remanded the case to obtain additional medical records and to schedule the Veteran for VA examinations.

The Board denied the Veteran's claims for service connection for Gulf War Syndrome, Sleep Apnea, and Chronic Fatigue Syndrome. The decision found that new and material evidence had not been received to reopen the claim for GWS, and that the Veteran does not have CFS.

The Veteran's death was not determined to be service-connected, and the claim for DIC benefits under 38 U.S.C.A. § 1318 is denied due to lack of legal merit.

The Board has remanded the case for a supplemental VA examination to determine the current severity of the Veteran's degenerative disc disease with arthritis of the lumbosacral spine, and for consideration of an extraschedular evaluation under 38 C.F.R. § 3.321(b)(1).

The Veteran's claims for service connection for right foot disabilities, including a lumbosacral strain, were denied as there was no evidence of their onset or aggravation during active duty service. The Veteran is currently rated at the highest available schedular rating for his left great toe disability.