Sleep apnea decisions — 2011

The Veteran seeks service connection for obstructive sleep apnea, which he contends is secondary to his service-connected bilateral maxillary sinusitis. The Board has ordered a new VA examination to determine if the Veteran's sleep apnea was caused by or aggravated by his service-connected sinusitis.

The Veteran's appeal is being remanded for a Travel Board hearing at the St. Petersburg, Florida RO.

The Veteran's service connection claims for a back disability, bilateral hearing loss, and tinnitus are granted as the evidence supports these conditions having onset during or being related to military service.

The Veteran was granted service connection for sleep apnea with an effective date of July 31, 2006. This decision is based on new and material evidence submitted after the January 2006 denial.

The Board has determined that the Veteran's claim for an earlier effective date prior to September 5, 2007 for the grant of service connection for sleep apnea is not warranted.

The Veteran's sinusitis and sleep apnea are found to be related to service, with the Board granting service connection for both conditions.

The Veteran's claim of service connection for sleep apnea, claimed as secondary to PTSD, is being remanded due to the need for a new medical examination.

The Board has remanded the case to the RO for further review due to issues related to service connection and etiology of back conditions.

The Veteran's service-connected sleep apnea was not found to warrant a higher evaluation before October 30, 2006. From October 30, 2006 to November 30, 2010, the condition did not meet criteria for a rating in excess of 30 percent. Since December 1, 2010, no compensable evaluation was warranted.

The Board denied the Veteran's claim of service connection for sleep apnea, finding that it was not related to his asbestos exposure in service. The Board also declined to reopen a claim of service connection for tinnitus.

The Veteran's service connection claim for PTSD is granted, and his lumbosacral osteoarthritis rating remains unchanged.

The Board has remanded the case for additional development, including a VA spine examination and consideration of all submitted evidence.

The Board has determined that additional development, including obtaining a VA examination, is necessary to determine the nature and etiology of the Veteran's sleep apnea. The Veteran claims his current sleep disorder may be related to his service-connected TBI.

The Board denied the Veteran's claims for service connection for lumbosacral strain, hairline fracture of the right jaw, arthritis of hands, and lumbar degenerative disc disease. The claim for increased rating for left knee chondromalacia with degenerative changes was also denied.

The Veteran's lumbosacral spine disability was previously rated at 10 percent prior to April 8, 2007. The claim for a higher rating is denied as the evidence does not meet the criteria for a rating in excess of 10 percent.

The Veteran's service-connected lumbosacral strain was rated at 20 percent from February 2, 2005, and a 10 percent rating was assigned from June 22, 2005. The Board denied the claim for higher ratings.

The Veteran's appeal is being remanded for additional development of her claims, including obtaining VA treatment records from June 2009 to the present. The case will be returned to the Board for further consideration.

The Veteran's claims for service connection for bilateral pes planus and sleep apnea are being remanded due to the need for additional examinations and opinions.

The Veteran's lumbosacral strain and left forearm fracture disabilities have been granted increased evaluations, with the lumbosacral strain receiving a 40% evaluation effective September 10, 2009.

The Veteran's left lower extremity radiculopathy is not service-connected as it is not caused or aggravated by his service-connected low back disability. The Board also denied the claim for an initial evaluation in excess of 40 percent for the service-connected low back disability and TDIU.