Sleep apnea decisions — 2012

The Veteran's service-connected vaginitis is currently rated at 10 percent, and the Board finds that her symptoms are not controlled by continuous treatment. The Veteran's rosacea has been rated as noncompensable due to insufficient evidence of current severity.

The Veteran's appeal is remanded for additional development, including a VA examination and the provision of any outstanding treatment records. The claim will be readjudicated based on the new evidence.

The Veteran's varicose veins of the left leg were found to have been incurred in service and are therefore granted service connection. The Board also finds that the Veteran has other service-connected disabilities for which increased evaluations are warranted.

The Veteran's service-connected orthopedic disabilities affect a single body system and combine to a 70 percent rating, preventing him from obtaining or maintaining substantially gainful employment.

The Veteran's claim for a higher rating for depression was granted effective January 16, 2007. The effective date for additional benefits based on dependency was established as September 1, 2006.

The Veteran's right shoulder disorder and ganglion cyst have been found to be related to his active duty service. The left leg disorder, rheumatoid arthritis, acquired psychiatric disorder (Major depressive disorder), sleep apnea, bruxism, hypertension, and gastroesophageal reflux disorder (GERD) are not currently shown or related to the Veteran's service.

The Veteran's appeal is being remanded for a VA examination to determine his ability to work due to service-connected disabilities, and for further adjudication.

The Veteran's initial claim for an increased rating for lumbosacral spine disability was granted, with a current evaluation of 10 percent. The appeal is now focused on whether the Veteran should receive a higher initial evaluation from December 4, 2009.

The appellant's combined disability rating is 70%, which does not meet the criteria for a TDIU as his disabilities are service-connected and do not prevent him from obtaining and maintaining substantially gainful employment.

The Board has remanded the case for additional development, including obtaining records from the Florida Division of Workers' Compensation and developing a dose estimate based on possible radiation exposure during service. The appeal will be reconsidered after these actions.

The Board denied the Veteran's claims for service connection for sleep apnea, chip fracture of left talus, gastroesophageal reflux disease (GERD), bilateral carpal tunnel syndrome, erectile dysfunction, hypertension, and gout. The Board found no evidence linking these conditions to military service.

The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance or being housebound was denied as he does not meet the criteria for SMC under VA regulations.

The Board found that the Veteran's COPD and sleep apnea are not related to his service, as evidenced by a VA examination report. The preponderance of evidence supports this conclusion.

The Board denied the Veteran's claims for an increased rating and earlier effective date for his service-connected lumbar spine disorder.

The Veteran's claims for diabetes mellitus, hypertension, gout, sleep apnea, right hip bursitis, right knee disorder, and left knee disorder are remanded due to the need for further development regarding service connection.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and development of his medical records.

The Board has remanded the case to the RO for additional development of the reopened claim and the claim of service connection for sleep apnea. The Veteran is scheduled for a hearing at the RO before a Veterans Law Judge.

The Board finds that the Veteran's current diagnosis of obstructive sleep apnea is related to his active service, and thus grants service connection for this condition.

The Veteran's claims for service connection for peripheral neuropathy, sleep apnea, hearing loss, and tinnitus were denied. The Board found no competent medical evidence linking these conditions to his active duty service.

The Board has determined that the Veteran's current sleep apnea and hypersomnia began during his active duty military service, granting service connection for these conditions.