Sleep apnea decisions — 2011

The Veteran's appeal is being remanded for a Travel Board hearing before a Veterans Law Judge. The issues include increased evaluations and reopening of service connection claims.

The Board denied service connection for sleep apnea and PTSD, finding that there was no evidence of a verified in-service stressor or relationship to service.

The Veteran was found to be in need of aid and attendance due to his service-connected lumbar spine and left shoulder disabilities from December 1, 2002 to May 31, 2006. He is not housebound.

The Board has determined that the Veteran's current low back disability and sleep apnea are not related to service, including as secondary to his service-connected PTSD. The evidence does not support a finding of service connection for these conditions.

The Board has reopened the claims for service connection for residuals of a head injury (including post-concussion syndrome and psychiatric disorder) and lumbosacral strain. The claim for residuals of a head injury is granted on the merits, while the claim for lumbosacral strain is remanded to obtain further examination and opinion regarding its etiology.

The Veteran's right ankle disability is currently rated at 20 percent, the maximum under Diagnostic Code 5271 for limited motion of the ankle. The Board found no evidence to support a higher rating based on functional loss or ankylosis. Service connection was granted for sleep apnea.

The Board has determined that new and material evidence was not submitted to reopen the claims for service connection for atrial fibrillation, chronic fatigue, and chronic fatigue syndrome. The appellant's symptoms are attributed to various conditions including obstructive sleep apnea and dermatitis.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for sleep apnea. The Board finds that his current sleep apnea is more likely than not caused by his service-connected sinusitis.

The Board denied the Veteran's claims for earlier effective dates for a 60 percent rating for residuals of a lumbar spine injury and for TDIU, finding that it was not factually ascertainable that his service-connected disabilities warranted such an increase prior to October 4, 2001.

The Board has granted service connection for bilateral bunions. The claim for service connection for obstructive sleep apnea is remanded for further development.

The Veteran's low back disability has been productive of subjective complaints of pain and difficulty doing strenuous activity, but objective findings do not support a higher rating.

The Veteran's claims for increased ratings for lumbosacral strain and degenerative disc disease, as well as his claim for service connection for a left knee sprain secondary to his service-connected lumbar spine disability were denied.

The Veteran's claim for a higher rating for his degenerative disc disease of the lumbosacral spine was denied. His service-connected cervical spine disability remains unconnected.

The Board has remanded the Veteran's claims for service connection due to outstanding records and the need for additional medical examinations.

The Veteran is seeking to establish service connection for chronic lumbosacral strain. The Board has determined that additional development, including obtaining medical records and a VA examination, is necessary before the claim can be decided.

The Board has determined that the Veteran's claim for service connection for lumbosacral region post fusion with a right posterior iliac graft and involvement of the right lower extremity cannot be reopened as there is no new and material evidence to support it.

The Board denied the Veteran's claims for an initial compensable disability rating for rhinitis and service connection for sleep apnea, finding that there was no evidence of greater than 50 percent obstruction of the nasal passage on both sides or complete obstruction on one side. The issue of service connection for sleep apnea is remanded.

The Board has decided to remand the case for further examination and opinion regarding whether the Veteran's sleep apnea is related to service or a service-connected disorder such as PTSD.

The Veteran's appeal is being remanded due to the need for additional examinations and development of his claims, including a claim for service connection for depression secondary to his service-connected low back disability.

The Veteran's hypertension and obstructive sleep apnea are found to be related to his military service. His left knee disability is rated at 10% for the period prior to March 2007, 20% from May 2007 onwards, and a separate 10% rating for limitation of extension is granted. The Veteran's total left knee replacement with scars is also rated at 10%.