Sleep apnea decisions — 2010

The Veteran's back disorder is presumed to have been aggravated by service, but the Board needs further medical opinions to determine if this aggravation was clear and unmistakable.

The Veteran's claim for an increased rating for lumbosacral strain is being remanded due to the need for a new VA examination.

The VA denied the Veteran's claim for an initial (compensable) rating for his service-connected sleep apnea, finding that there is no evidence of persistent daytime hypersomnolence.

The Board denied service connection for psoriasis, hypertension secondary to PTSD, sleep apnea secondary to PTSD, and peripheral neuropathy of the upper and lower extremities related to herbicide exposure. The Veteran's skin condition was not shown to be incurred in or aggravated by service.

The Veteran's appeal is being remanded for additional development to determine her ability to work due to her service-connected disabilities.

The Veteran claims entitlement to service connection for obstructive sleep apnea, which he contends began during his military service. The Board finds that additional development is necessary and remands the case for further action.

The Veteran's service-connected chronic lumbosacral strain with wedging of T11-L1 is currently rated at 40 percent disabling, effective December 20, 2006. The Board finds that the criteria for a higher rating are not met.

The Veteran's claim for service connection for sleep apnea, as secondary to his service-connected PTSD, is being remanded due to the need for a more comprehensive medical opinion regarding the relationship between his sleep apnea and military service.

The Board has remanded the case for additional development, including obtaining VA medical records and providing a new VA examination to address the etiology of the Veteran's hearing loss, tinnitus, heart disability, sleep apnea, prostate cancer, and skin cancer.

The Veteran's claims for increased ratings for hypertension, service connection for various conditions, and reopening of previously denied claims were all denied by the Board. The Veteran was not granted any new or material evidence to support his reopened claims.

The Veteran's claim for service connection for degenerative disc disease of the lumbosacral spine, claimed as low back strain, is being remanded due to inadequate examination and consideration of lay evidence.

The Board found that the Veteran's sleep apnea did not originate in service and is not otherwise related to service, thus denying the claim for service connection.

The Veteran's appeal is being remanded for additional development of his National Guard service records and a VA examination to determine the etiology of his sleep apnea, left hand injuries, and left wrist injury.

The Board has determined that the Veteran's sleep apnea is caused by his service-connected diabetes mellitus with autonomic neuropathy, and thus grants service connection for this condition on a secondary basis.

The Board has remanded the case for a videoconference hearing before a Veterans Law Judge, and all issues remain on appeal.

The Veteran's death was caused by metastatic lung cancer, which is not service-connected. The Board finds that the Veteran's service-connected back disabilities did not contribute substantially or materially to his death.

The Board has remanded the case for further development, including an examination to determine if any current thoracic and/or lumbosacral spine disorders are related to service. The presumption of soundness will also be addressed.

The Veteran's claim for a compensable initial evaluation for residuals of left hand injury affecting the long, ring and little fingers was granted. Service connection for traumatic arthritis of the left wrist, bipolar disorder, and loss of four upper teeth due to dental trauma were also granted.

The Veteran's chronic lumbosacral strain with mild osteoarthritis does not meet the criteria for an evaluation in excess of 40 percent due to lack of unfavorable ankylosis or incapacitating episodes.

The Veteran's claim for an increased rating for his service-connected low back disability is being remanded due to the need for a new VA examination and consideration of whether separate compensable ratings are warranted for any nerve damage present.