Sleep apnea decisions — 2011

The Veteran's claims for service connection are being remanded due to the need for VA examinations and additional development of his medical records.

The Veteran's asthma with sleep apnea is rated at 60 percent disabling, and the appeal for a separate rating for sleep apnea has been denied.

The Veteran's service-connected lumbar spine disorder is currently rated at 40 percent, and the Board finds that it does not meet the criteria for a higher rating based on current symptomatology.

The Veteran's service-connected conditions, including PTSD, sleep apnea, and chronic back condition, have rendered him unable to secure or follow substantially gainful employment due to his psychiatric disorders and physical disabilities. The Board has granted a TDIU based on these factors.

The Veteran's service-connected degenerative arthritis of the lumbosacral spine is currently rated at 20 percent, effective May 1, 2010. The Board finds that this rating is appropriate as of August 28, 2008.

The Board has determined that the Veteran's sinus disability is related to his service-connected nasal bone fracture with deviated septum.,Obstructive sleep apnea was not incurred or aggravated by active military service and is not caused or aggravated by a service connected disorder.

The Veteran's claims for service connection were denied. The Board found that the Veteran did not have a right wrist injury or disease, abdominal pain, or lumbosacral spine disability due to lack of evidence and medical findings.

The Veteran's sleep apnea is rated at 50 percent, effective March 2007. The left ring and small finger fractures are each rated at noncompensable (0 percent). The lumbar spine strain is rated at 10 percent, effective March 2007. Right foot plantar fasciitis is also rated at 10 percent, effective March 2007. Service connection for an anxiety disorder secondary to headaches was granted.

The Board has determined that the Veteran's obstructive sleep apnea is not related to his military service and is not caused or aggravated by his service-connected diabetes mellitus.

The Board denied the Veteran's claims for service connection for sleep apnea and myopathy, muscle weakness and dystrophy. The evidence did not establish a nexus between these conditions and his military service.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a new VA examination and additional medical records.

The Board has determined that new and material evidence has not been received to reopen the Veteran's service connection claims for lumbosacral strain, degenerative arthritis, bipolar manic depression, and PTSD. The RO's previous decisions denying these claims are final.

The Board has determined that the Veteran's sleep apnea is not service connected, as there is no evidence of a diagnosis or treatment for this condition during his active duty. The VA examiner concluded it is less likely than not that the Veteran's current sleep apnea had its onset during service.

The Veteran's claims for increased evaluations of his service-connected neck and back disabilities were denied as the evidence did not meet the criteria for a higher evaluation under the applicable rating schedule.

The Board has remanded the case to the RO for further adjudication on the merits due to a CAVC decision requiring VA to provide a VA examination and readjudicate the claim.

The Veteran's service-connected lumbar spine disability is currently rated at 40 percent, effective March 10, 2003. He also has separate evaluations of 10 percent for radiculopathy of the right and left lower extremities.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding the onset and causation of the Veteran's liposarcoma. The appeal is pending further action.

The preponderance of the evidence is against a finding that the Veteran's paroxysmal atrial tachycardia, left upper extremity tremor, hypertension, heart disease (claimed as coronary artery disease), positional vertigo, and sleep apnea are secondary to his service-connected traumatic brain injury.

The Board has denied the Veteran's claims for various conditions, including lumbar spinal stenosis, Adie's tonic syndrome (right eye), nasal deformity, GERD, keratosis, right trapezius muscle spasms (claimed as right shoulder pain), cervical strain, obstructive sleep apnea, thrombosed hemorrhoids, bladder disorder, prostate disorder, basal cell carcinoma, and diabetes mellitus, type II. The Board found that the evidence did not support service connection for any of these conditions.

The Veteran's appeal is being remanded for further development, including obtaining VA vocational rehabilitation records and a VA examination to assess the severity of his service-connected lumbosacral strain. The TDIU claim will also be reviewed in light of any additional evidence obtained.