Sleep apnea decisions — 2012

The Board denied the Veteran's claim for compensation under 38 U.S.C. § 1151, finding that his arthritis of the lumbosacral spine was not caused by VA treatment and did not result from any fault on the part of VA.

The Veteran's cause of death, sepsis due to a perforated cecum caused by metastatic cancer, is not service-connected as the lung cancer did not have its onset during his military service and was not related to any service-connected conditions.

The Veteran's claim for an increased rating for his lumbosacral strain with degenerative joint disease (DJD) and degenerative disc disease (DDD) is being remanded due to the need for a new VA examination.

The Veteran's current sleep disorder, including obstructive sleep apnea and obstructive sleep hypopnea, is related to his active duty service.

The Board has granted the Veteran's claim of service connection for obstructive sleep apnea, finding that it is etiologically related to his military service and to his service-connected lumbar disc disease and arthritis of the neck.,The Board has also reopened the Veteran's claims of service connection for gastritis with nausea and abdominal distress and for obstructive sleep apnea. Service connection will be granted in these cases.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbosacral spine and left foot drop with radiculopathy was denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a supplemental medical opinion regarding whether his current sleep apnea was aggravated by his service-connected hypertension.

The Veteran's appeal involves multiple claims for increased ratings and effective date determinations related to his service-connected disabilities. The Board has ordered additional development, including obtaining medical records and clarifying the application of certain regulations.

The Veteran's appeal is being remanded for additional development to determine the current severity of his service-connected low back and bilateral knee disabilities, as well as any diagnosed hip disorder. The case will also be reviewed by the Director, Compensation & Pension Service, for extraschedular consideration of a total disability rating on the basis of individual unemployability due to service-connected disabilities.

The Board found that the Veteran's obstructive sleep apnea was not incurred in or aggravated by service and was not proximately due to or the result of a service-connected disability.

The Veteran's claims for service connection for sleep apnea, hypertension, and a heart disability are being remanded due to the need for additional VA examinations and development of his medical records.

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

The Veteran's claim for PTSD was denied due to lack of in-service stressor confirmation. The claim for lumbosacral strain has been reopened with the submission of new and material evidence, but service connection is not granted as there is no confirmed in-service stressor or corroborated medical nexus.

The Veteran's lumbosacral strain has been rated at 20 percent since March 24, 1993. The current rating is maintained as the evidence does not meet the criteria for a higher evaluation.

The Veteran's appeal is being remanded for additional development, including pulmonary function tests and a VA examination to address his service-connected asthma. His claim for TDIU is also being referred back to the RO.

The Veteran's claim for increased ratings for degenerative arthritis of the lumbosacral spine was denied. The effective date is March 23, 2009.

The Veteran's service-connected disabilities prevented him from securing and maintaining substantially gainful employment consistent with his education and occupational experience, particularly since February 1, 2011.

The Veteran has withdrawn his appeals to reopen service connection claims for chronic lumbosacral strain with radicular pain to the right lower extremity (right hip pain) and for a chronic condition to account for right leg pain.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbosacral spine is being remanded due to inadequate examination reports and incomplete medical records.

The Board has determined that the Veteran does not meet the criteria for service connection for any of his claimed conditions, including bilateral hearing loss and lumbosacral spine disorder. The evidence does not show a current disability in these areas.