Sleep apnea decisions — 2011

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to determine the nature and etiology of his chronic sleep apnea and PTSD.

The Veteran is seeking service connection for sleep apnea, which he claims began during his military service. The Board has determined that a VA examination is needed to determine if the current diagnosis of sleep apnea is related to his service.

The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.

The Veteran's sleep apnea was not present in service and is not etiologically related to service or a service-connected disability. The Board finds that the preponderance of the evidence is against the claim.

The Veteran's service-connected disabilities, including lumbosacral strain with degenerative joint disease, major depressive disorder, cervical strain with degenerative disc disease, left and right lower extremity radiculopathy, and generalized anxiety disorder, have rendered him unable to secure or follow substantially gainful employment. The Board has determined that he meets the criteria for a total rating based on individual unemployability.

The Veteran withdrew the issues of entitlement to service connection for pleural effusion, sleep apnea, hypertension; and entitlement to an initial rating in excess of 10 percent for service-connected right elbow status post fracture before the Board could make a decision.

The Board has determined that the Veteran's sleep apnea was not incurred in service or caused by his service-connected hypertension. The claim for service connection is denied.

The Veteran's claim for an increased evaluation of his service-connected lumbosacral strain was granted, with a rating of 40 percent effective from the date of the decision.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected PTSD, finding that there is at least a reasonable doubt in favor of the claim.

The Veteran's lumbar spine disorder is currently rated at 20 percent, but the Board finds that it does not warrant a higher rating as there are no findings of unfavorable ankylosis or incapacitating episodes.

The Board has determined that the Veteran's appeal for service connection of obstructive sleep apnea, diabetes mellitus, hypertension, right knee disability, left trigger thumb, and nose bleeds is withdrawn. For sinusitis with rhinitis, a rating in excess of 10 percent prior to August 24, 2009, and 30 percent from that date, has been denied.

The Veteran's claim for increased ratings for his service-connected degenerative joint disease of the lumbosacral spine is being remanded due to the need for additional development, including obtaining recent medical records and determining whether he has been prescribed bed rest from a physician associated with incapacitating episodes.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA and private treatment records, as well as a new VA examination to assess the severity of her service-connected lumbar spine disability and whether her current bilateral foot condition is related to service or service-connected disabilities.

The Board has remanded the case for further development regarding potential environmental exposures at McGuire Air Force Base and Chanute Air Force Base, as well as a review of the appellant's service records.

The Board has remanded the Veteran's appeal due to inadequate development of his service connection claim for a lumbosacral spine disability and TDIU claim. The case is returned to the RO/AMC for further development.

The Veteran is seeking service connection for obstructive sleep apnea, which he contends was aggravated by his service-connected PTSD. The Board has determined that additional development is needed to properly adjudicate the claim.

The Veteran's degenerative disk disease of the lumbosacral spine with episodes of acute pain is rated at 20 percent, effective December 28, 2005. He also has a separate 10 percent rating for right lower extremity neurological manifestations due to sciatic nerve involvement.

The Veteran seeks service connection for sleep apnea, which is a disease rather than an injury. The Board finds that the question of whether the Veteran was performing INACDUTRA at any point in time is immaterial as he can only be compensated for an injury incurred in the line of duty during a period of INACDUTRA. However, the Veteran participated in periods of ACDUTRA between September 1991 and March 2005. The case is REMANDED to provide the Veteran with an examination to determine whether his sleep apnea had its onset during active service or if not, was incurred or aggravated beyond its natural progress during any period of ACUDTRA.

The Veteran's cause of death was listed as glioblastoma multiforme, which began more than 51 years after service and was not shown to be the result of service or any incident of service. The appellant argued that retinitis pigmentosa contributed to his death from a glioblastoma multiforme, but the VA medical opinion concluded that retinitis pigmentosa did not contribute substantially to the cause of death.

The Board has determined that additional development is needed to evaluate the Veteran's claim for service connection for obstructive sleep apnea. The case will be returned to the RO for further action.