Sleep apnea decisions — 2011

The Board has denied the Veteran's claims for service connection for sleep apnea, varicose veins, and a psychiatric disorder due to lack of new and material evidence. The Veteran did not provide any additional information or evidence that would support reopening these claims.

The Veteran's claim for service connection for degenerative disc disease and facet joint arthritis, lumbosacral spine has been granted. The issue of sleep apnea is remanded as the statement of the case was not issued.

The Board has determined that the Veteran's currently diagnosed sleep apnea had its onset during his service and is therefore granted service connection.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's DDD of the lumbosacral spine is currently rated at 40 percent, and there are no findings indicating ankylosis or incapacitating episodes. The current rating adequately reflects the severity of his disability.

The Veteran's service-connected lumbosacral strain, degenerative disc disease, and post-operative interbody fusion L4-5 and L5-S1 have been rated at 60 percent since March 3, 2001. The Board has determined that the disability is no more than 60 percent disabling.

The Board has remanded the case for a new VA medical examination to determine if the Veteran's obstructive sleep apnea is due to his alleged exposure to contaminants during U.S.S. Jouett overhaul, and for an opinion on service connection.

The Board found that the Veteran's obstructive sleep apnea did not have onset in service and was not caused or aggravated by his active military service, to include his service connected asthma.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that it was not caused or aggravated by his service-connected PTSD.

The Board finds that the Veteran's sleep apnea is secondary to his service-connected diabetes mellitus and thus granted service connection for this condition.

The Veteran's sleep apnea was incurred during active duty service and the Board has granted service connection for this condition.

The Veteran's claim for service connection for sleep apnea, including as secondary to his service-connected degenerative joint disease of the lumbar spine, is being remanded due to incomplete records and need for additional examination.

The Board has dismissed the appeal due to the appellant's withdrawal of his appeals.

The Board found that there is no evidence of sleep apnea during service and the current disability was not related to military service. The appellant's assertions about snoring in service are outweighed by a medical opinion.

The Board granted the Veteran's claims for increased initial disability ratings, assigning a 10% rating for each of her service-connected conditions.

The Board has remanded the case for further development, including a new VA examination to assess functional loss due to pain and other manifestations during flare-ups or with repeated use.

The Veteran's claim is being remanded for additional development, including a VA examination to determine if her sleep apnea is secondary to her service-connected depressive disorder.

The VA physician concluded that the service-connected right leg deep venous thrombosis did not contribute substantially or materially to the Veteran's death, as evidenced by the lack of recurrence of DVT and no indication of over-coagulation. The hypertension listed on the cause-of-death certificate was attributed to a different condition (Fen-Phen).

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining private medical records and a VA examination.

The Veteran's service-connected PTSD is evaluated at a 30 percent rating, which reflects occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform tasks. The Veteran has not met the criteria for higher ratings.