Sleep apnea decisions — 2010

The Board has determined that the RO's decision to terminate TDIU benefits effective June 1, 2006 was improper and restored the Veteran's TDIU rating.

The Veteran's appeal is denied as the Board finds that his service-connected conditions do not warrant a higher evaluation or TDIU.

The Board has remanded the case for further development due to issues related to service connection and exposure basis.

The Veteran's claims for increased disability ratings, reopening of service connection claims, and hepatitis C have all been denied by the RO.

The Veteran's lumbosacral spine disability was rated at 10 percent prior to April 2, 2007 and upgraded to 20 percent effective from that date. The right knee disabilities were also rated at 10 percent prior to April 2, 2007 and upgraded to 20 percent effective from that date. The left hip disabilities have been rated at 10 percent since the initial rating period.

The Veteran's claims for increased ratings and service connection were denied. The Veteran was not granted any new or material evidence to reopen his claim of a back disability.

The Board has remanded the case due to the need for additional development, including VA examinations to determine the nature and etiology of the Veteran's claimed low back disability, left knee disability, GERD, skin rash, and sleep apnea.

The Veteran's claims for service connection for coronary artery disease, liver disease (primary biliary cirrhosis), interstitial lung disease (follicular bronchiolitis and connective tissue disease-associated interstitial lung disease) and sleep apnea have been denied as the evidence does not support a finding that these conditions are related to his active service.

The Veteran's service-connected lumbosacral spine disorder was granted a 20 percent evaluation effective June 6, 2006. The initial compensable evaluation for bilateral hearing loss was also granted.

The Veteran's GERD with hiatal hernia is rated at 30 percent, effective May 2003. The Veteran's bronchial asthma with sleep apnea is rated at 60 percent, effective May 2003.

The Veteran does not have sleep apnea or GERD that was incurred in or aggravated by active duty service.

The Veteran's sleep apnea was incurred during active service and the Board grants service connection for this condition.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU rating.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA spine examination.

The Board has determined that the Veteran's need for regular aid and attendance of another person is established, based on his multiple disabilities including seizure disorder, hypertension, diabetes, chronic renal insufficiency, degenerative disc disease, sleep apnea, narcolepsy, and diabetic neuropathy. As a result, SMP benefits are granted.

The Veteran's service-connected low back disability has been rated at 10 percent since August 6, 2003. From February 3, 2009, the disability is now rated at 20 percent due to more frequent incapacitating episodes.

The Veteran's appeal is being remanded due to her request for a Travel Board hearing. Her claims regarding right knee strain, plantar fasciitis, major depressive disorder, and lumbosacral strain are still pending.

The Veteran's appeal is remanded due to pending issues regarding earlier effective dates for service connection and increased initial ratings. The case will be returned to the Board after these issues are addressed.

The Veteran's claims for service connection and increased rating are being remanded due to the addition of new evidence not previously considered by the RO.

The Veteran withdrew his appeal for service connection and evaluations related to low back disability, sleep apnea, PTSD, erectile dysfunction, fracture of the right hand, diabetes mellitus, and TDIU.