Sleep apnea decisions — 2012

The Board found that the Veteran's low back disability was not incurred in or aggravated by service and denied his claim.

The Veteran's appeal is being remanded to the RO for scheduling a hearing before a Veterans Law Judge at the RO.

The Board has remanded the case due to inadequate opinion regarding the etiology of the Veteran's sleep apnea and for additional development of records.

The Board denied the Veteran's claim for service connection for a low back disability, finding that his current condition is not related to his military service.

The Board found that the Veteran's migraine headaches, sinusitis and allergic rhinitis, low back disability, and skin disorder were not incurred in or aggravated by active service. The diagnoses of these conditions are less likely than not related to any event or incident during her military service.

The Board has determined that the Veteran's claimed conditions are not related to his service and have denied all claims for service connection.

The Board has remanded the case for additional development due to incomplete records and further medical evaluation.

The Board has determined that additional development is needed to verify the Veteran's alleged herbicide exposure, and thus remands the case for such development.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine is not manifested by ankylosis and does not warrant a higher rating as there are no records indicating at least six weeks of incapacitating episodes with physician-prescribed bed rest during a twelve-month period.

The Board has determined that the Veteran's current bilateral hearing loss and sleep apnea are related to his military service, granting service connection for both conditions.

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

The Board has granted service connection for sleep apnea and found that hypertension does not warrant a compensable rating since the date of service connection.

The Veteran's claim for a higher disability rating for his postoperative laminectomy and fusion of the lumbosacral spine is granted, with a current 40% disability rating. The claims for special monthly compensation based on need for regular aid and attendance or by reason of being permanently housebound are denied, as well as the claim for service connection for a bladder disability secondary to his lumbar spine disability.

The Board found that the preponderance of evidence is against finding that the Veteran has a low back disability, bronchitis, or sleep apnea disability that are etiologically related to service. The claims for these conditions were therefore denied.

The Board has remanded the case for further development due to issues related to service connection, including a heart valve disorder and sleep apnea syndrome. The thyroid disorder claim is also pending.

The Veteran's appeal is being remanded due to the need for additional medical examinations and records review, particularly regarding her service connection claims for various respiratory disabilities.

The Veteran's PTSD is currently rated at 50 percent, effective December 10, 2002.,Service connection for tinnitus has been granted based on in-service noise exposure and current medical evidence.

The Veteran's claim for an increased disability evaluation for his back disability was denied. The claim of service connection for a fungal disorder was reopened due to new and material evidence, but the reopening does not affect the denial of the original claim. The eligibility for Dependents' Educational Assistance under Chapter 35 was also denied.

The Veteran's bilateral retinitis pigmentosa and respiratory disorder have been found to be related to active service. The claim for service connection is granted.

The Board has granted service connection for PTSD and Sleep Apnea, finding that the Veteran's current conditions are related to his military service.