Sleep apnea decisions — 2011

The Board has remanded the case for further examination and opinion regarding the Veteran's claims of service connection for fatigue, chronic pain, fibromyalgia, and sleep apnea. The focus is on determining whether these conditions are related to active duty or a period of ACDUTRA in June 2002.

The Veteran's disability rating for lumbosacral strain, including degenerative changes of the lumbar spine, was increased to 40 percent effective December 7, 2010.

The Veteran's initial disability ratings for his service-connected left knee DJD with cartilage dysfunction and lumbosacral strain have been granted, but the claims are denied as he does not meet the criteria for higher ratings based on instability or limitation of motion.

The Board denied the Veteran's claim for service connection for sleep apnea and TDIU due to his failure to report for a VA audio examination, finding that he did not meet the criteria for a total disability rating based on individual unemployability.

The Veteran's sleep apnea was not service-connected, but his PTSD and depression were granted a 30% rating. The low back strain and headaches received increased ratings, with the headaches receiving a 50% rating after October 23, 2008. A total rating based on individual unemployability was granted prior to September 8, 2008.

The Veteran requested to withdraw his appeal regarding the reopening of his claim for service connection for sleep apnea. As a result, the Board dismissed the appeal.

The Board has determined that the Veteran's fibromyalgia is related to his military service and granted service connection for this condition.

The Board denied the Veteran's claims for service connection for tinnitus and extension of a temporary total rating for right shoulder surgery necessitating convalescence. The decision found that while the Veteran had credible assertions regarding in-service noise exposure, there was no evidence of severe postoperative residuals as required under 38 C.F.R. § 4.30.

The Veteran's claims for throat disability, GERD, and breathing disorder are being remanded due to the need for additional development of his medical records and a VA examination.

The Veteran's claim for increased SMC at the rate set out under 38 U.S.C.A. § 1114(r)(2) is denied as he does not require daily personal healthcare services provided by a licensed health care professional.

The Veteran withdrew his appeal regarding the effective date for service connection of obstructive sleep apnea.

The Veteran's low back disability was manifested by objective observation of forward flexion to 50 degrees or greater with consideration of subjective complaints of pain, and no evidence of incapacitating episodes or neurological impairment related to the back disorder. The criteria for an initial rating greater than 40 percent herniated nucleus pulposus, L4-L5, with lumbosacral strain and degenerative changes have not been met or approximated.

The Board has determined that a remand is necessary to obtain an updated VA examination and opinion regarding the Veteran's current obstructive sleep apnea, including whether it is secondary to his service-connected disabilities.

The Board has ordered additional development to determine whether the Veteran's atherosclerosis was related to his period of active service and if so, whether it contributed to his death. The case is being remanded for an addendum opinion from a VA cardiologist.

The Board has determined that the Veteran's sleep apnea is at least as likely as not aggravated by his service-connected duodenitis with hiatal hernia and reflux, thus granting service connection for sleep apnea on a secondary basis.

The Veteran's claim for an initial evaluation in excess of 10 percent for lumbosacral degenerative disc disease is being remanded due to the need for further examination and consideration. The hip disorder claim has been referred to the RO.

The Veteran's claims for lumbar strain with sciatica, bulimia, hiatal hernia, IBS, GERD, and sleep apnea are denied. The Board finds that there is no evidence of a low back disorder during service or at any time thereafter, and the claimed conditions are not related to his military service.

The Board has granted service connection for a back disability and an acquired psychiatric disorder, including PTSD, anxiety disorder, and major depressive disorder. The claim for increased rating for residuals of fractures of both mandibles is addressed in the REMAND portion.

The Board denied service connection for the cause of the Veteran's death, as well as for pulmonary emphysema, peripheral neuropathy, and obstructive sleep apnea, finding that these conditions were not related to his active service or exposure to herbicides.