Sleep apnea decisions — 2011

The Veteran has been shown to have sleep apnea that is related to her military service.,The Veteran's shin splints are currently unclear, and an additional VA examination is needed for a definitive diagnosis.

The Veteran's claims of increased ratings for chronic lumbosacral strain and hemorrhoids are being remanded due to the need for additional examinations and consideration of outstanding VA treatment records.

The Veteran's daughter, J.S., was not found to be permanently incapable of self-support prior to her 18th birthday due to a mental condition. The evidence does not support the claim for helpless child benefits.

The Board denied service connection for hypertension and obstructive sleep apnea, finding no evidence of these conditions during or within one year after service. The Veteran's current diagnoses were not shown to be related to his military service.,Service connection was also denied for a bilateral knee disability due to the lack of any diagnosed condition in service.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for hypertension. Additionally, the Board finds that sleep apnea was incurred during military service.

The Board found that the reduction from a 60 percent rating to a 20 percent rating for lumbosacral strain and degenerative disc disease of the lumbar spine was proper based on the evidence available at the time.

The Board has reopened the Veteran's claim for service connection for a back condition and has determined that there is sufficient evidence to establish service connection based on direct causation.

The Veteran withdrew the appeal of his claims for increased evaluations for lumbosacral spine strain and traumatic brain injury prior to a decision being made.

The Board has remanded both issues for additional development due to missed VA examinations.

The Veteran's claim for non-service connected pension prior to March 2011 was denied as he did not meet the criteria of 'permanently and totally disabled' due to his disabilities. The Board found that the evidence did not support a finding of permanent total disability, particularly given the Veteran's age and employment status.

The Board has determined that the Veteran's low back disability, including degenerative disc disease of the lumbosacral spine with spinal stenosis, is service-connected as it had its onset during active duty.

The Veteran's claims for service connection for PTSD, degenerative disc disease of the lumbosacral spine, and a skin disorder of the hands and feet have all been granted.

The Veteran's service-connected disabilities, including sleep apnea, severe allergic rhinitis, low back strain, chorioretinal scar of both eyes (previously characterized as healed central serous retinopathy of the left eye with xanthelasma), tinnitus, and sensorineural hearing loss, did not prevent him from securing or following a substantially gainful occupation before May 4, 2010.

The Veteran's tinnitus was granted service connection. The initial disability ratings for his thoracolumbosacral and cervical spine strains are pending.

The Veteran's appeal is being remanded due to the need for additional medical opinions and consideration of new evidence. The primary issue is whether his current sleep apnea is secondary to his service-connected diabetes mellitus, type II and PTSD.

The Board has remanded the case due to insufficient rationale in the VA medical opinions provided, and additional development is needed.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding the Veteran's tinnitus and degenerative changes of the lumbosacral spine. The claims will be reconsidered after this additional development.

The Veteran seeks service connection for a low back disability, claimed as degenerative disc disease of the lumbosacral spine. The case is being remanded due to new evidence and additional development needed.

The Board granted service connection for the Veteran's lumbar spine disability, finding that it is at least as likely as not related to his active duty service.

The Board found that the Veteran's obstructive sleep apnea was not incurred in or aggravated by active service and is not proximately due to or aggravated by a service-connected disease or injury, including his service-connected gastroesophageal reflux disease.