Sleep apnea decisions — 2011

The Board has granted service connection for sleep apnea, fatigue, and cognitive disorder (memory loss) as they are directly related to the Veteran's active duty service.

The Veteran's tinnitus is service connected, and his lumbosacral strain rating remains at 20 percent.

The Board has remanded the Veteran's claim for service connection for sleep apnea due to incomplete development and need for additional medical opinions. The case will be returned to the RO for further action.

The Board has remanded the case for further development regarding service connection for sleep apnea and an initial evaluation in excess of 10 percent for PTSD. The Veteran's subjective statements will be evaluated, along with any additional medical evidence provided by the Veteran.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for a right hip disability and sleep apnea, as they may be related to his service-connected conditions. The case is being remanded for further action.

The Veteran's claim for service connection for coronary artery disease and sleep apnea, both claimed as secondary to his service-connected PTSD, was denied. The Board found no medical evidence or opinion suggesting a link between any current conditions and the Veteran's service or service-connected disabilities.

The Board finds that the Veteran's current sleep apnea is related to his military service, and grants service connection for this condition.

The Veteran's claims for increased ratings of PTSD and lumbosacral strain, as well as his service connection claim for deviated septum, are addressed in the REMAND portion of this decision.

The Veteran's benign paroxysmal positional vertigo, orthostatic hypotension, and sleep apnea are all found to be related to her military service. The Veteran is granted an initial compensable evaluation (10%) for TMJ disorder.

The Board has ordered additional development due to the need for National Guard service records and a supplemental opinion regarding the relationship between the Veteran's spine disabilities and his military service.

The Board found that the Veteran's service-connected degenerative disc disease did not cause or substantially contribute to his death, and thus denied the claim for service connection for the cause of his death.

The Board denied the Veteran's claims for service connection for lumbosacral disc disease and an increased rating for bilateral pes planus.

The Board has determined that the Veteran's lumbar spine disability is service-connected, but her knee and ankle disabilities are not. The evidence does not support a finding of service connection for these conditions.

The Veteran's service-connected disabilities reasonably result in his requiring assistance with a number of his activities of daily living (ADLs) such as bathing and dressing, and he requires care or assistance on a regular basis to protect himself from hazards or dangers incident to his daily environment. The Board finds that the evidence is at least in equipoise and supports a grant of special monthly compensation based on aid and attendance.

The Board denied the Veteran's claims for increased ratings and service connection, as well as his claim for a TDIU prior to February 7, 2009. The decision also remanded several issues related to the Veteran's back disability.

The Veteran's service-connected disabilities have precluded him from engaging in substantially gainful employment during the entire appellate period, without regard to age or impact of nonservice-connected disabilities.

The Board has ordered additional development to gather medical records and conduct examinations for the Veteran's service connection claims.

The Board has determined that the Veteran's degenerative disc disease of the lumbosacral spine is at least as likely as not causally or etiologically related to service, and thus grants service connection for this condition.

The Board found that the Veteran's low back disability, including degenerative disc disease of the lumbosacral spine, was not incurred in or aggravated by active service and may not be presumed to have been incurred in or aggravated by active service. The evidence did not support a finding of continuity of symptomatology following the in-service complaints as required for service connection pursuant to 38 C.F.R. § 3.303(b). Additionally, there was no competent medical evidence establishing that the Veteran's current low back disabilities are etiologically related to active service. The Board also found that the criteria for a total disability rating based on individual unemployability due to service-connected disability were not met.

The Veteran's appeal involves a request for an increased rating for his service-connected lumbosacral strain with scoliosis and radiculopathy. The case has been remanded to the RO due to the inextricably intertwined issue of whether a total disability rating based on individual unemployability (T/R) is warranted.