Sleep apnea decisions — 2011

The Board denied the appellant's claim for a temporary total disability evaluation due to his service-connected lower back disability, as he did not undergo surgery or immobilization.

The Veteran's claims for service connection of the left eye and left thumb disabilities have been successfully reopened, and his claim for sleep apnea has also been granted. The effective date is to be determined based on new evidence received.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before the Board of Veterans' Appeals.

The Veteran's claims for service connection for an acquired psychiatric disorder, hypertension, and sleep apnea are being remanded due to the need for additional records and a medical opinion.

The Board has remanded the case for additional development, including obtaining treatment records and scheduling a VA examination to determine if the Veteran's sleep apnea is related to service.

The Board has remanded the case for additional development, including obtaining VA treatment records and issuing a SOC on the issues of service connection for lumbosacral strain, chronic allergic rhinitis, and respiratory disorder (due to undiagnosed illness).

The Board has granted service connection for the Veteran's diagnosed pulmonary disabilities, including emphysema and COPD, as at least as likely as not related to his active duty service.

The Board found that the Veteran does not have current sleep apnea and there is no evidence linking his military service to his current condition.

The Veteran's service-connected disabilities, including depressive disorder with psychotic features, sleep apnea, migraines, lumbar spine degenerative changes, right knee injuries, and hypertension, render him housebound or in need of aid and attendance. The case is REMANDED for further development.

The Veteran's degenerative disc disease has been manifested by some situational reduction in range of motion, but no evidence of forward flexion greater than 30 degrees or combined range of motion not greater than 120 degrees. There are no separately compensable neurological manifestations and there is no evidence of incapacitating episodes of intervertebral disc syndrome (IVDS) having a total duration of at least 2 weeks during a 12-month period.

The Board denied the Veteran's claims for increased evaluation of his lumbosacral spine disability and service connection for PTSD and depression. The Veteran's lumbar spine disability was rated at 40 percent, which is the maximum schedular rating available under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's claims for effective dates earlier than April 14, 2000 for the grants of service connection for sleep apnea syndrome and residuals of palate surgery (uvulopalatopharyngoplasty) have been granted. The effective date for sleep apnea syndrome is October 18, 1999, and for residuals of palate surgery it is February 22, 2000.

The Veteran's claims for higher ratings for his low back and left knee disabilities are being remanded due to the need for additional VA compensation examinations.

The Veteran's claims for service connection were denied as there was no evidence of a current disability or an in-service injury that could be linked to the claimed conditions. The Board also noted that the Veteran did not have a current diagnosis of eczema due to herbicide exposure, and his headaches were found to be related to PTSD.

The Board found no evidence to support a direct service connection for the Veteran's low back disability and bilateral foot disorders, concluding that they are not related to his military service or any service-connected conditions.

The Board found that the Veteran's current cervical and lumbar spine disability, along with associated upper and lower extremity sensorimotor peripheral neuropathy, are less likely than not related to his military service, specifically to paratrooping (repeated jumps) and parachuting injury in one incident.

The Veteran's claims for increased ratings were denied. The low back disability is currently rated at 20 percent, and the left upper extremity neuropathy is rated at 10 percent.

The Board has reopened the claim for service connection for a low back disorder and, based on new evidence submitted by the Veteran's VA physician, finds that his preexisting condition may have been aggravated during active duty. As such, service connection is granted.

The Board denied the Veteran's claims for PTSD and a lumbar spine disorder, finding no current diagnosis of either condition. The claim for PTSD was denied due to lack of evidence conforming to DSM-IV criteria. The claim for a lumbar spine disorder is remanded as there is insufficient information in the July 2006 VA examination report.

The Board has determined that the Veteran's current back disabilities, including arthritis and other conditions, are not related to service. The pre-existing idiopathic scoliosis did not increase in severity during service, and there is no evidence of a current disability for which service connection can be granted.