Sleep apnea decisions — 2011

The Board has determined that the Veteran's residuals of a right distal fibula fracture with degenerative arthritis warrant a 20 percent disability rating, but no higher. The other issues have been addressed and are mixed in disposition.

The Board has granted service connection for a schizoaffective disorder, bipolar type. The Veteran's low back and left elbow disabilities are being remanded to obtain VA treatment records and contemporaneous examinations.

The Board dismissed the appeal due to the Veteran's withdrawal of his appeal.

The Board has granted service connection for the Veteran's sleep apnea, finding that it is at least as likely as not that the condition began during active military service.

The Veteran's claims for increased ratings and earlier effective dates for retinitis pigmentosa, as well as her claim for uterine fibroid tumors, are being remanded due to the need for issuance of a Statement of the Case (SOC).

The Veteran's service-connected disabilities, including lumbosacral radiculopathy and depressive disorder, precluded gainful employment for which his education and occupational experience would otherwise have qualified him from December 16, 2003 to August 9, 2004. The TDIU claim is granted during this period.

The Board denied the Veteran's claims for service connection for pes planus of the right foot, degenerative joint disease of the right knee, left chronic knee disability, and degenerative joint disease of the lumbosacral spine as secondary to his service-connected left foot disability.

The Board has decided to remand the case due to incomplete development and requires further examination and medical opinion regarding the Veteran's claim for service connection for sleep apnea as secondary to his service-connected sinusitis.

The Board has determined that additional development is needed to determine the current severity of the Veteran's service-connected PTSD and whether he is unemployable due to his disabilities. The case will be returned to the Board for further action.

The Veteran's claim for service connection for sleep apnea, to include as due to his service-connected posttraumatic stress disorder (PTSD), is being remanded for further development.

The Veteran's lumbosacral strain is currently rated at 40 percent, and the claim for an increased rating was denied. The Veteran's service-connected disabilities do not meet the criteria for a TDIU.

The Veteran's claim for increased evaluations for lumbosacral strain with idiopathic scoliosis was denied as her disability did not meet the criteria for higher ratings under VA rating criteria.

The Veteran's appeal is being remanded for further development, including a VA respiratory examination to determine the nature and etiology of his sleep apnea. The examiner should address whether it was caused or aggravated by service-connected bronchial asthma and/or PTSD.

The Board has granted service connection for sleep apnea, finding that the Veteran's current obstructive sleep apnea is directly related to his weight gain during and after service, which was at least in part due to his service-connected disabilities.

The Board has determined that the Veteran's current low back disability, including spondylosis and degenerative joint disease of the lumbosacral spine, is related to his military service. The claim for service connection is granted.

The Veteran's sleep apnea was found to be incurred in service, and he is granted service connection. However, his right ankle sprain did not meet the criteria for a rating in excess of 10 percent from February 17, 2006 to September 12, 2008.

The Veteran's claims for service connection, increased rating, and compensation for hemorrhoids are being remanded due to the need for additional development of his medical records and examinations.

The Veteran's appeal is being remanded to obtain updated VA treatment records and for a comprehensive examination to determine if his service-connected disabilities alone are sufficiently severe to produce unemployability.

The Board has granted service connection for arteriosclerotic heart disease as secondary to service-connected sleep apnea.,However, the Board denied service connection for residuals of a cerebrovascular accident with right side weakness as not related to service-connected sleep apnea.

The Veteran's appeal has been dismissed for the claims of entitlement to initial disability ratings higher than 10 percent for a right elbow disability and a right elbow scar. The case is REMANDED for issuance of a statement of the case on the issues of service connection for sleep apnea and hypertension.