Sleep apnea decisions — 2011

The Board has granted service connection for right plantar fasciitis, but the Veteran's claims for acne/rosacea and cold injury residuals/Reynaud's disease remain pending. The case is remanded to obtain updated VA treatment records and arrange for a dermatology examination.

The Veteran's TDIU claim is granted with an effective date of July 15, 2005, the day following his service separation.

The Veteran's obstructive sleep apnea was found to have manifested during his military service and is therefore granted service connection.

The Board denied the Veteran's claims for service connection for a back condition, left knee condition, right knee condition, and an acquired psychiatric disorder. The conditions were found not to be related to his military service.

The Board found that the Veteran's current sleep apnea is not related to service, as there were no objective indications of a chronic disability during or after service. The VA examiner concluded it was less likely than not that OSA first manifested in service and/or was causally related to events during service.

The Veteran's initial disability ratings for lumbosacral strain and degenerative joint disease of the right shoulder remain at 10 percent, as his conditions do not meet criteria for higher ratings based on range of motion or x-ray findings.

The Veteran's appeal is remanded due to the need for a video-conference hearing before a Veterans Law Judge.

The Veteran's claim for special monthly compensation based on aid and attendance of another person during his period of incarceration from May 1991 to April 1997 is denied as he does not meet the criteria for this benefit.

The Veteran seeks service connection for obstructive sleep apnea and dementia. The Board has determined that additional development is needed to address the claims, including obtaining medical opinions regarding the onset of these conditions during service and their relationship to any in-service events or injuries.

The Board finds that the Veteran's sleep apnea is at least as likely as not incurred during his period of active service, and grants service connection for obstructive sleep apnea.

The Board has determined that the Veteran does not have a current diagnosis of hypersensitivity pneumonitis, low back disorder, tremor of the right hand, or Raynaud's phenomenon. As such, service connection for these conditions is denied.

The Board has remanded the case due to incomplete medical records and a need for another VA examination to determine the nature, extent, onset, and etiology of the Veteran's current low back disorder.

The Board found no evidence of a chronic back disorder during active duty and denied service connection for lumbosacral strain and degenerative joint disease of the spine as there is no credible evidence linking current symptoms to service.

The Veteran's low back disability, including a laminectomy and discectomy with fusion, is currently rated at 10 percent. The Board found that the evidence did not support a higher rating due to limited forward flexion of the thoracolumbar spine.

The Veteran's appeal for increased ratings and a separate rating for right lower extremity neurological impairment was denied. The Board found that the evidence did not support higher ratings based on the severity of his lumbar spine condition or any associated neurologic symptoms.

The Veteran's compensation benefits were reduced due to his incarceration. The Board found that the reduction was proper, but noted insufficient evidence regarding the date of conviction and remanded for further development.

The Board has remanded the case for additional development, including VA examinations and consideration of the Veteran's lay evidence. The claims will be reconsidered based on the new evidence.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to determine the severity of his service-connected right shoulder and back disabilities. The case will be processed as though the request for a hearing was withdrawn.

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

The Board has determined that the issue of entitlement to service connection for sleep apnea must be remanded due to the need for additional development, including obtaining a medical opinion regarding the relationship between the Veteran's current sleep apnea and his military service.