Sleep apnea decisions — 2012

The Board has decided to remand the case for additional development, including obtaining updated VA treatment records and determining if the Veteran applied for or completed VA vocational rehabilitation. The Veteran will also be scheduled for a VA examination to assess the severity of his low back disability.

The Board has determined that there is no current diagnosis of sleep apnea, and thus the Veteran does not meet the criteria for service connection.

The Board has remanded the case for further development, including scheduling a video conference hearing. The appeal is not yet decided on the merits of service connection.

The Board has determined that the Veteran's retinitis pigmentosa was incurred during his active duty service and is therefore granted service connection.

The Board has determined that the Veteran's sleep apnea and left hip disability are related to his service-connected low back disability, granting both claims. The decision is mixed as it grants some but not all of the issues on appeal.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for lumbosacral degenerative osteoarthritis and lumbar strain. The Board finds that the Veteran's back disorder is related to his military service, including a combat injury sustained during World War II.

The Veteran's sleep apnea and bilateral knee disability were not incurred in or aggravated by service.,Service connection for tension headaches was granted, but the evaluation remains noncompensable.

The Board denied service connection for a left shoulder disorder and a cervical spine disorder, finding no evidence of current disability related to service.,Service records did not show any injury or abnormality in the shoulders during service. Multiple VA examinations found no current residuals from putative service-connected conditions.

The Board has determined that a VA examination is needed to determine the etiology of the Veteran's obstructive sleep apnea, as there are conflicting statements from the Veteran and his wife regarding symptoms in service. The case is therefore being remanded for this purpose.

The Board has granted service connection for chronic sleep apnea, finding that it originated during active service. The Veteran's other claims are remanded for additional development.

The Veteran's lumbosacral strain was initially rated at 10 percent prior to October 29, 2010 and increased to 20 percent effective that date.,Since October 29, 2010, the Veteran is entitled to a rating of 40 percent for her lumbosacral strain.

The Veteran's service-connected disabilities do not render him in need of the regular aid and attendance of another person, nor are he bedridden or housebound. Therefore, his claim for SMC based on the need for aid and attendance is denied.

The Board found no evidence of sleep apnea or blurred vision during service and denied the Veteran's claims for these conditions.

The Board has determined that the Veteran's sleep apnea originated during service and grants service connection for this condition.

The Veteran's claim for service connection for a sleep disability, including sleep apnea and insomnia, is being remanded due to the need for additional medical opinions regarding the etiology of his current sleep disorders.

The Veteran's low back disability, characterized by lumbosacral strain with degenerative arthritis, has not met the criteria for a higher rating than 20 percent under VA regulations. The evidence shows that his forward flexion of the thoracolumbar spine is limited to no more than 50 degrees (60 degrees in some assessments), which does not meet the requirement for an increased rating.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, sleep apnea, congestive heart failure, and an irregular heartbeat. The claim for an eye disorder as residuals of an insect bite is not addressed in this decision.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to determine the etiology of his claimed conditions.

The Veteran's claims for increased ratings are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's appeal has been withdrawn due to a change in his combined disability rating, and he no longer wishes to continue with the appeal.