Sleep apnea decisions — 2012

The Veteran's claim for a higher rating for his lumbar spine disability was granted, with the effective date being February 19, 2009. The Veteran is now rated at 40 percent for this condition.

The Board has remanded the case for additional development, including obtaining a medical opinion regarding the Veteran's right lower extremity shortening and his lumbar spine disability. The Veteran is seeking an initial rating in excess of 10 percent for his lumbosacral strain with disc degeneration.

The Veteran's appeal involves multiple issues including increased disability ratings and service connection claims. The case is being remanded for additional development, including obtaining Social Security Administration records, scheduling VA examinations, and ensuring the examination reports comply with the directives of this remand.

The Veteran's lumbosacral spine disability, including herniated intervertebral discs at L4-5 and L5-S1, is currently rated 40 percent. The evidence does not support a higher rating as the range of motion findings do not meet the criteria for an increased rating.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for hypertension. The criteria for entitlement to service connection for sleep apnea have not been met.

The Board has dismissed the appeal due to the appellant's withdrawal of his appeal.

The Board denied service connection for a lumbar spine disability, finding that the Veteran's current condition is not causally related to his active service or any incident therein. The case was remanded multiple times and ultimately denied again.

The Veteran's claims for increased ratings and TDIU were granted, with the lumbosacral strain claim receiving staged ratings.

The Veteran's claim for an increased rating for lumbosacral strain is being remanded due to the submission of additional evidence not initially considered by the RO.

The Veteran's claims for service connection were denied as his claimed conditions are not shown to be related to his military service.

The Board granted the Veteran's appeal for a higher initial rating for her service-connected digestive system disabilities. The disability was initially rated at 30 percent from September 11, 1991 to March 1, 2012 and then increased to 100 percent thereafter.

The Veteran's appeals for service connection have been dismissed due to his withdrawal of the claims.,The Veteran's petition to reopen a claim of entitlement to service connection for sleep apnea has been withdrawn. The RO/AMC will gather any outstanding VA treatment records and obtain private medical records from identified sources, including those related to his skin disorder.,The Veteran's appeals for service connection have been dismissed due to his withdrawal of the claims.,The Veteran's petition to reopen a claim of entitlement to service connection for depression has been withdrawn. The RO/AMC will gather any outstanding VA treatment records and obtain private medical records from identified sources, including those related to his skin disorder.,The Veteran's appeals for service connection have been dismissed due to his withdrawal of the claims.,The Veteran's petition to reopen a claim of entitlement to service connection for hypertension has been withdrawn. The RO/AMC will gather any outstanding VA treatment records and obtain private medical records from identified sources, including those related to his skin disorder.,The Veteran's appeals for service connection have been dismissed due to his withdrawal of the claims.,The Veteran's petition to reopen a claim of entitlement to service connection for arthritis has been withdrawn. The RO/AMC will gather any outstanding VA treatment records and obtain private medical records from identified sources, including those related to his skin disorder.,The Veteran's appeals for service connection have been dismissed due to his withdrawal of the claims.,The Veteran's petition to reopen a claim of entitlement to service connection for hair loss has been withdrawn. The RO/AMC will gather any outstanding VA treatment records and obtain private medical records from identified sources, including those related to his skin disorder.,The Veteran's appeals for service connection have been dismissed due to his withdrawal of the claims.

The Veteran's obstructive sleep apnea was found to have its onset in service and is therefore granted. The claims for increased ratings of hemifacial muscular spasm under the left eye and tension headaches are remanded due to a need for additional examination.

The Veteran's appeal is being remanded to obtain additional medical records and for further examination. The claims will be reconsidered based on the new evidence.

The Board found that the Veteran's low back disorder did not manifest during service or until many years after separation, and has not been linked to his service-connected bilateral pes planus. As such, the claim for secondary service connection was denied.

The Board found that the Veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of his death.

The Veteran's claims for earlier effective dates for service connection of various joint disabilities were denied. The Board found that the earliest date entitlement arose was November 6, 1998, when the Veteran filed a claim for increased ratings and reexamination.

The Veteran's obstructive sleep apnea was found to have an onset during service and is considered a direct result of that service, granting service connection.

The Veteran's disability manifested by sleep apnea is not due to disease or injury that was incurred in or aggravated by active service, a period of ACDUTRA, or an INACDUTRA. The Board finds the Veteran's lay assertions regarding continuity of symptomatology referable to sleep apnea beginning in service are not credible.

The Veteran's service-connected disabilities render him unable to obtain and maintain substantially gainful employment, meeting the criteria for a TDIU rating.