Sleep apnea decisions — 2011

The Veteran's claims for service connection for cervical and lumbar spine disorders are being remanded due to the need for additional development, including medical examinations.

The Board has remanded the case due to the need for additional medical opinions regarding the nature and etiology of the Veteran's respiratory disability, including sleep apnea. The appeal is currently pending.

The Veteran's service connection claim for obstructive sleep apnea is granted as the evidence supports a relationship between his current condition and service, including in-service symptoms suggestive of sleep apnea.

The Board has determined that the Veteran's lumbosacral spine disorder is related to his active duty service, granting entitlement to service connection.

The Board found that the Veteran's sleep apnea is not related to his service or a service-connected disability, and thus denied the claim.

The Veteran's skin disorders are not service connected as they are not related to his military service, including exposure to herbicide agents like Agent Orange.

The Veteran's appeal for an initial compensable evaluation for hypertension prior to May 27, 2009, and in excess of 30 percent thereafter was withdrawn by the Veteran before a decision could be made.

The Veteran's claims for service connection for obstructive sleep apnea and anxiety disorder were denied, while his claim for increased evaluation of sarcoidosis was granted. The Veteran's request to reopen his claim for service connection of anxiety disorder was also denied.

The Board has remanded the case for further development and reconsideration of the overpayment issue, as well as consideration of service connection claims. The Veteran's request for waiver of recovery of the assessed overpayment will be reconsidered based on the validity of the debt.

The Board has determined that the Veteran's obstructive sleep apnea likely had its onset during his second period of service and is therefore granted service connection.

The Board has determined that the Veteran's narcolepsy is service-connected as it was manifested within one year of his separation from active duty. The obstructive sleep apnea claim remains pending and will be addressed in a separate remand.

The Board has remanded the Veteran's claims for service connection for fibromyalgia and sleep apnea, as well as his claim for TDIU due to incompletion of examinations and potential need for additional records.

The Board has determined that the Veteran's current sleep apnea and high cholesterol diagnoses are not related to his military service, thus denying these claims.

The Veteran's service-connected low back disability is currently rated at 40 percent, and the Board finds that it does not meet the criteria for a higher rating.

The Board found that degenerative joint disease of the lumbosacral spine and osteoarthritis of the knees did not develop as a result of service or any service-connected disability, and thus denied both claims.

The Board denied the Veteran's claim for service connection for rhabdomyosarcoma, finding that there was no evidence of radiation exposure in service and no other known cause or risk factor for the disease. The Board also noted that the earliest medical evidence of record indicated a diagnosis more than five years after separation from service.

The Board has granted service connection for sleep apnea and found that the Veteran's right knee disability is not service connected. The claim of entitlement to service connection for a right knee disability will be remanded.

The Veteran's claim for service connection for a skin disorder, including chloracne, is being remanded due to the need for additional medical examination and consideration of new evidence.

The Board denied the Veteran's petition to reopen his claim of service connection for sleep apnea and found no new and material evidence. The Board also did not find any CUE in the November 2002 rating decision regarding residuals of shrapnel wounds.

The Board denied an evaluation higher than the current 40 percent rating for multilevel lumbar disc disease since October 21, 2008.