Sleep apnea decisions — 2011

The Veteran's claims for increased ratings were denied as there was no evidence of more than the currently assigned ratings for his service-connected conditions.

The Board has found that the Veteran's current low back disorder is related to his active duty service and granted service connection for lumbosacral strain. The claim for chronic migraine headaches remains pending.

The Board has remanded the claims for an effective date before January 12, 2000 for a 60% rating for lumbosacral strain with degenerative joint disease and for service connection of depression.

The Board found that the appellant currently suffers from obstructive sleep apnea, but there is no evidence to support a finding that this condition was incurred or aggravated by his time in active duty service. As such, the claim for service connection has been denied.

The Board has remanded the case for further action due to issues related to obstructive sleep apnea and right mandible fracture.

The Veteran is seeking service connection for a chronic lumbosacral spine disorder and increased evaluations for her right knee and left knee chondromalacia patella. She also seeks entitlement to TDIU based on her service-connected disabilities. The case is being remanded due to the need for additional development, including obtaining relevant medical records and scheduling VA examinations.

The Veteran's appeal is being remanded for additional development, including obtaining an opinion regarding the relationship between sleep apnea and PTSD, as well as a determination of whether the Veteran can maintain substantially gainful employment due to his service-connected disabilities.

The Veteran's service-connected skin disability, including acne scarring, rosacea, and rhinophyma, has been rated at 60 percent since the appeal period began. The condition is manifested by flare-ups affecting more than 40 percent of exposed area but does not meet criteria for disfigurement or limitation of motion.

The Board has determined that the Veteran's currently diagnosed sleep apnea had its onset during his second period of active military service and is therefore incurred in service.

The Veteran's claims for higher initial disability ratings for his service-connected lumbosacral strain/sprain syndrome, left knee arthritis, and right knee traumatic arthritis were denied. The Board found that the preponderance of evidence did not support a finding that any of these conditions warranted an increased rating.

The Board has remanded the case for further development, including contacting the Environmental Protection Agency to determine if the appellant was exposed to environmental toxins other than Agent Orange while stationed at Chanute Air Force Base and McGuire Air Force Base.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional development, including a new VA examination.

The Board has determined that the Veteran's claims of clear and unmistakable error in various rating decisions are mixed, with some issues being granted and others denied. The Veteran is seeking service connection for a variety of conditions including flatfeet/pes planus, neck muscle strain, wrist disorders, arthritis, cervical spine disorder, carpal tunnel syndrome, peripheral vascular disease, asthma, rhinitis, sleep apnea, conjunctivitis, hyperlipidemia, and sinusitis.

The Veteran's right hand and thumb disability are service-connected as secondary to his service-connected left knee patellofemoral pain syndrome. The claim for chronic lumbosacral strain has been reopened, but the service connection is still denied.

The Veteran's sleep apnea is found to be related to his military service, and the claim for service connection is granted.

The Veteran's spondylolysis with type I spondylolisthesis, lumbosacral joint is rated at 40 percent and has been increased to 60 percent effective May 11, 2010.,The Veteran meets the criteria for TDIU as his service-connected disability prevents him from obtaining substantially gainful employment.

The Board has determined that the Veteran's hypertension, migraine headaches, and sleep apnea are not proximately caused by or aggravated by his service-connected mood disorder. Therefore, these claims for service connection have been denied.

The Board has determined that the Veteran's claimed respiratory, left hand, thoracic spine, lumbosacral spine, and migraines disabilities are not related to his military service.

The Veteran's claims for increased ratings for his service-connected degenerative joint disease of the lumbosacral spine and associated radiculopathy are being remanded due to incomplete development.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination. The claims will be reconsidered with the new evidence.