Sleep apnea decisions — 2010

The Veteran withdrew his claims for right hip fracture, acute respiratory failure and sleep apnea from appeal.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA examination and private medical records. The case will be readjudicated after the development.

The Veteran's claims for service connection and initial ratings have been granted. The Veteran is now service-connected for hearing loss, tinnitus, residuals of an eye injury, hypertension (as secondary to sleep apnea), facial reconstruction, obstructive sleep apnea, fractures of the right hand, a fracture of the right wrist, and headaches.

The Board found that the Veteran's death was not caused by his service-connected PTSD, and thus denied entitlement to service connection for cause of death.

The Veteran's claim for service connection for foot arch strain and obstructive sleep apnea was denied. The Veteran's bipolar disorder is currently rated at 30 percent, but the Board found that there is no reasonable possibility of obtaining additional evidence to substantiate his claims.

The Veteran's claims for service connection are being remanded due to the need for additional VA examinations.

The Board finds that an earlier effective date for the assignment of a 10% rating for service-connected low back disorder is not warranted based on the evidence of record prior to January 10, 2007.

The Board has determined that the appellant's chronic cervical strain was not incurred in or aggravated by active service, while his chronic lumbosacral strain is considered to be at least as likely as not related to service.

The Board has remanded the case due to insufficient evidence to decide the service connection claim for a lumbosacral strain, claimed as a low back injury. The Veteran's symptoms and treatment are related to in-service motor vehicle accidents.

The Board found that the Veteran's sleep apnea was not incurred or aggravated in service and denied his claim for service connection.

The Veteran's claim for an increased rating for lumbosacral spine strain was denied as his disability did not meet the criteria for a higher evaluation.

The Veteran's service-connected disabilities do not result in the severity of disability required to grant the benefit for automobile and adaptive equipment.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability is being remanded due to the need for a VA examination and additional medical records.

The Veteran's disabilities are not sufficient to meet the criteria for special monthly pension at the aid and attendance rate due to his ability to dress, keep himself clean, and manage daily activities without assistance.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for a lumbosacral strain, bilateral hearing loss, and pseudofolliculitis barbae. The Veteran is now entitled to an evaluation of 30 percent for his pseudofolliculitis barbae.

The Veteran's appeal is remanded due to the need for a new VA examination and compliance with notification requirements.

The Board has determined that the appellant's sleep apnea, diabetes mellitus, type 2, and hypertension are at least as likely as not caused by his service-connected headaches and lumbar spine disability. As such, these conditions have been granted service connection on a secondary basis.

The Board denied the Veteran's claims for service connection for sleep apnea and rhinitis, finding that there was no competent evidence linking these conditions to his military service.

The Board has granted service connection for sleep apnea, finding that the Veteran had chronic symptoms of sleep apnea during his second term of service and continuous symptomatology after discharge. The decision resolves reasonable doubt in favor of the Veteran.

The Veteran's service-connected low back disability was granted a 60 percent evaluation effective November 6, 2007.