Sleep apnea decisions — 2011

The Veteran's service-connected disabilities, including sleep apnea and hypothyroidism, have resulted in a combined disability rating of 70 percent. The Board has granted the TDIU claim based on these conditions.

The Board has remanded the case for further development, including obtaining a medical opinion regarding whether the Veteran's renal cancer was caused by herbicide exposure and whether his service-connected disabilities contributed to his death. The appeal is now pending with the RO.

The Board has determined that the Veteran's sleep apnea is not caused or aggravated by his service-connected esophagitis, and therefore denied the claim for service connection.

The Veteran's service-connected lumbosacral strain is currently evaluated at 20 percent, and the Board finds that a higher evaluation is not warranted.

The Veteran's right knee disability is currently rated at 50 percent, but the Board finds that his current limitation of extension does not warrant a higher rating.

The Veteran's claims for increased ratings for PTSD, lumbosacral strain, and left knee disability were denied as the evidence did not show that his service-connected conditions warranted higher ratings.

The Veteran's service-connected lumbar disc disease with degenerative changes and associated radiculopathies do not meet the criteria for a higher disability rating. The Board denied all claims, including TDIU.

The Board has remanded the case for further development, including obtaining updated medical records and a VA examination to assess the current level of disability due to the service-connected lumbosacral strain with herniated disc at L5-S1. The Veteran's claim for appropriate rating of his secondary service-connected depression is also referred back to the RO.

The Veteran's sleep apnea is as likely as not incurred in active military service and is proximately due to, or the result of, his service-connected GERD with IBS, diverticulitis, hiatal hernia, and gastritis.

The Board has remanded the case for further development, including obtaining SSA records and scheduling a VA examination.

The Board has reopened the Veteran's claim for service connection for a left leg disability and granted it. The decision on whether the current left leg disability is related to service or secondary to his right leg disability will be addressed in the remand portion of this decision.

The Veteran's claims for increased rating, service connection for right hip disability, and psychiatric disability were denied. The denial of the psychiatric disability claim is due to a lack of evidence showing it was incurred in or aggravated by service.

The Board has determined that the Veteran does not have a bilateral eye disability related to active service, and his sleep apnea is not related to active service. Hypertension was presumed due to Agent Orange exposure but is not considered secondary to any service-connected condition. The low back/hip disability and skin cancer are also not related to active service or secondary to any service-connected condition.

The Board denied the Veteran's claim for service connection for cervical radiculopathy secondary to his service-connected facet syndrome with sclerosis of the lumbosacral spine.

The Board has determined that a VA examination is needed to determine the nature and etiology of the Veteran's obstructive sleep apnea disorder, including as secondary to service-connected disabilities. The issue will be remanded for further action.

The Veteran seeks to reopen his claims for service connection for various conditions, including left ankle disorder, headaches, back disorder, depression, bilateral foot disorder, obstructive sleep apnea, and hypertension. The RO previously denied these claims in January 2003 due to lack of evidence linking the conditions to service or showing current diagnoses.

The Veteran's asthma is related to his active duty service and has been granted service connection. The Board finds that further examination is needed to determine the relationship between his sleep apnea, diabetes mellitus, type II, and his service-connected asthma.

The Board has determined that the Veteran's sleep apnea, cognitive impairment, and impaired memory are not related to his military service or any incident therein. The VA examiners found no evidence of a nexus between these conditions and his time in service.

The Veteran's service-connected disabilities result in his requiring assistance with a number of his activities of daily living (ADLs) and require care or assistance on a regular basis to protect himself from hazards or dangers incident to his daily environment, warranting SMC based on aid and attendance.