Sleep apnea decisions — 2012

The Veteran's claims are being remanded to obtain additional service records and verify his claimed periods of active duty, ACDUTRA, and INACDUTRA. The Board will then consider the remaining issues for service connection.

The Board denied reopening and granting service connection for a back disability, including DDD of lumbosacral spine and a history of cervical spine injury, as new and material evidence was not submitted.

The Veteran's appeals are mixed, with some issues granted and others denied or remanded. The main claims include increased ratings for various conditions, service connection for sleep apnea, and the propriety of reductions in disability ratings.

The Veteran's retinitis pigmentosa is found to be the result of disease or injury incurred in active military service, and thus service connection is granted.

The Board found that the Veteran's lung disorder, sleep apnea, and pulmonary hypertension are not related to his military service or asbestos exposure. The VA examiners concluded that these conditions were not caused by or aggravated by his service-connected asbestos pleural plaque.

The Board has remanded the case for additional development due to the need for updated VA medical examinations and records.

The Board has determined that the Veteran does not have a confirmed diagnosis of sleep apnea during the pendency of this claim and therefore, service connection for sleep apnea is denied.

The Veteran's appeal is being remanded for a Video Conference hearing before the Board to be held at the VA Regional Office in San Antonio, Texas.

The Board has remanded the case for additional development, including a VA examination to address the nature and etiology of the Veteran's sleep apnea, pes planus, headaches, hypertension, and dermatitis.

The Veteran's claim for increased ratings for lumbosacral strain with L5-S1 disc space narrowing and bilateral hearing loss was denied. The Veteran's lumbar spine disability is currently rated at 40 percent disabling, the maximum rating available under the General Formula of DC 5237. His bilateral hearing loss does not meet or approximate the criteria for a compensable rating.

The Veteran's bilateral pes planus was found to have been aggravated during service, while his sleep apnea is considered a direct result of service. The decision on the issue of service connection for sleep apnea is pending further examination and opinion.

The Veteran's initial disability ratings for degenerative disc disease and degenerative joint disease of the lumbosacral spine, left sciatic nerve deficits associated with the lumbosacral spine, right sciatic nerve deficits associated with the lumbosacral spine, status-post anterior cruciate ligament reconstruction of the left knee, and a left knee scar have been granted. The Veteran's initial disability rating for degenerative disc disease and degenerative joint disease of the lumbosacral spine is 40 percent.

The Veteran seeks service connection for obstructive sleep apnea, which he claims is related to his military service. The Board has determined that a VA examination and opinion are necessary to determine the etiology of his sleep disorder.

The Board has determined that the Veteran's bilateral leg disorder, diagnosed as periodic limb movement and restless leg syndrome, had its onset during his active service. The claim for this condition is granted.

The Board has remanded the claims for further development due to a change in the hearing officer and the Veteran's request for a video conference hearing.

The Veteran's claims for increased evaluations and service connection are being remanded due to inadequate examinations in the June 2008 VA joints examination.,The Veteran's claim of a temporary total disability rating is also being remanded.

The Board has granted service connection for obstructive sleep apnea and diabetes mellitus. The Veteran's increased rating claim for schizophrenia is also granted, with referral to the Director of Compensation & Pension Service for extraschedular consideration.

The Board denied the Veteran's claims for a higher disability rating for his low back pain syndrome and lumbosacral myositis, finding that the evidence did not support a rating in excess of 40 percent. The claim for TDIU was also denied.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, as evidenced by his lack of diagnosed conditions such as bone spurs, facial numbness, short-term memory loss, and speech problems. The remaining issues (degenerative disc disease of the low back, bilateral eye spasms, peripheral neuropathy of the upper and lower extremities, headaches, and sleep apnea) do not have a link to service based on the lack of medical evidence showing such a connection.

The Board found that the Veteran's obstructive sleep apnea did not manifest during service and is not secondary to his service-connected PTSD or diabetes mellitus. As such, service connection for this condition was denied.