Sleep apnea decisions — 2011

The Veteran's claim for a higher initial evaluation for his service-connected chronic lumbosacral strain is being remanded due to the need for additional development, including a new compensation and pension examination.

The Board denied service connection for left ankle disability, lumbosacral strain, and PTSD. The Veteran's left ankle disability is not shown to be related to service or a service-connected condition.

The Board has determined that the Veteran's obstructive sleep apnea had its clinical onset during his period of active service and grants service connection for this condition.

The Veteran's appeal is being remanded for a Travel Board hearing and further development.

The Veteran's PTSD is currently rated at 30 percent, effective January 26, 2009. The claim for service connection for peripheral neuropathy of the upper and lower extremities has been reopened but remains denied. The claim for sleep apnea secondary to PTSD was not granted.

The Board has determined that further development is needed for the appellant's claims of service connection for sleep apnea and a bilateral hand/wrist disability, to include carpal tunnel syndrome and/or arthritis. The appellant will be scheduled for VA examinations to determine if his current disabilities are related to his military service.

The Board denied the appellant's accrued benefits claim, finding that the Veteran had pending claims for increased disability rating and service connection for bilateral leg disabilities and depression as secondary to his service-connected lumbosacral strain at the time of his death.

The Board has granted a TDIU effective June 16, 2008. The Veteran's service-connected disabilities are the primary reason for his inability to secure or follow substantially gainful employment.

The Veteran's appeal was dismissed due to the death of the appellant during the pendency of the appeal.

The Veteran's low back pain and sleep apnea are related to his service.,A higher initial evaluation for PTSD is granted.

The Board found that the Veteran's disability did not warrant a 40% evaluation as of July 1, 2007 and restored part of his award to a 20% rating effective July 1, 2007.

The Board has determined that the Veteran's current lumbar spine strain is causally related to his service-connected right knee disability, and thus granted service connection for this condition. The Board found no evidence of a right ankle disorder in service or since filing the claim.

The Veteran's claim for an increased evaluation of his service-connected lumbosacral strain with scoliosis was denied as the criteria for a higher rating were not met.

The Veteran's appeal is being remanded for issuance of a Statement of the Case (SOC) on all issues listed.

The Veteran's claims for service connection for sinusitis/allergic rhinitis, left ear hearing loss, and low back disability are being remanded due to the need for additional development.

The Board found that the Veteran's death was not related to his active military service, including through exposure to ionizing radiation. The cause of death was attributed to interstitial fibrosis, lymphangitic sarcomatosis, and angiosarcoma of the scalp.

The Veteran's appeal is being remanded for additional development of his medical records and consideration.

The Veteran seeks service connection for a chronic lumbosacral spine disorder, including injury residuals and degenerative disc disease. The Board has remanded the case to obtain additional medical records and to schedule the Veteran for a VA examination.

The Veteran's claims for earlier effective date, increased rating, and service connection are denied. The appeal is not about service connection at all.

The Veteran's service-connected disabilities, including obstructive sleep apnea and generalized anxiety disorder, do not meet the threshold requirements for a TDIU as they are rated at 50% and 30%, respectively. The combined rating is 80%. However, he has been unable to secure or maintain substantially gainful employment due to his disabilities.