Sleep apnea decisions — 2011

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of the claim on appeal.

The Board found no credible evidence of the Veteran's claimed conditions and denied all service connection claims.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and conducting examinations to assess the severity of his service-connected lumbosacral strain.

The Board found that the Veteran's conduct and cooperation were not satisfactory, leading to the discontinuance of his vocational rehabilitation benefits.

The Veteran's skin condition, specifically Pseudofolliculitis Barbae (PFB), is service-connected as it was treated in service and shows chronicity since active duty.,There is no evidence of a current disorder of the feet that is related to service or any service-connected condition. The Veteran's foot pain may be considered an isolated incident without showing continuity of symptomatology.

The Board has granted service connection for sleep apnea and found that the Veteran's current hearing loss disability is not due to his military service. The claim for bilateral hearing loss was denied.

The Board has remanded the case for additional development, including obtaining new evidence and scheduling a VA examination. The claim will be reconsidered after these actions.

The Board has determined that the Veteran's obstructive sleep apnea was incurred in service and granted service connection for this condition. The issues of increased ratings for irritable bowel syndrome and a low back disability are addressed in the REMAND portion of the decision.

The Veteran claims a respiratory disorder, including sleep apnea, is related to his asbestos exposure during service. The Board finds the need for an examination and remands the case.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine is currently rated at 10 percent, which is consistent with the evidence showing limited range of motion without significant neurological impairment or other complications.

The Board has reopened the Veteran's claim for service connection for a sleep disorder claimed as sleep apnea, finding that new and material evidence has been received. The claim is now considered on its merits.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical records and determining whether the Veteran may be recognized as a veteran for VA purposes during his period of under other than honorable conditions.

The Veteran's obstructive sleep apnea is service-connected, but he does not have PTSD. The Board has found that his depressive disorder is related to active service.

The case is being remanded to the RO/AMC for further development, including obtaining VA treatment records since February 18, 2010 and adjudicating the issue of service connection for chronic lumbosacral spine degenerative disc disease.

The Veteran's service-connected disabilities, including PTSD, sleep apnea, left knee disability, right knee degenerative joint disease, and diabetes mellitus type II, preclude him from obtaining or maintaining gainful employment consistent with his education and occupational experience. The Board has granted a TDIU based on these conditions.

The Veteran's claims for service connection for a respiratory disorder and weakness were denied. The Board also denied the claim for an increased rating for his back disability, except that separate compensable ratings (10 percent each) are granted for bilateral lower extremity radiculopathy since November 9, 2000.

The Board found that the Veteran's claim for service connection for retinitis pigmentosa based on clear and unmistakable error (CUE) in a July 1988 rating decision was not subject to an invalid extraordinary awards procedure. The RO denied CUE, but granted service connection on other grounds.

The Veteran's obstructive sleep apnea was determined to have originated during his active service and is therefore granted service connection.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need to obtain records from his Naval Reserve service and determine if in-service factors contributed to the development of OSA.

The Board denied the Veteran's claims of entitlement to service connection for degenerative disc disease of the lumbar spine and obstructive sleep apnea, finding no evidence that these conditions were incurred or aggravated by his military service.