Sleep apnea decisions — 2012

The Board has determined that the Veteran's sleep apnea is a direct result of his service, and thus grants service connection for this condition.

The Board has remanded the case to the RO for additional development, including scheduling a Travel Board hearing. The Veteran's appeal is not yet decided on its merits.

The Veteran's service-connected disabilities, including Major Depressive Disorder with anxiety, lumbosacral strain and degenerative disc disease, and left and right lower extremity radiculopathy, prevent him from engaging in substantially gainful employment.

The Veteran's claims for increased evaluations and service connection have been pending since her initial claim in 2006. The Board has now reopened the left shoulder disorder claim, but remains unable to grant a disability evaluation due to lack of evidence establishing a current diagnosis.,The Veteran also testified that she is receiving Social Security benefits based on her disabilities, which should be reviewed by SSA.

The Veteran's claims for increased ratings and service connection were denied. The Board found no evidence of current diagnoses or symptoms that would warrant an increased rating for his right knee disability, and denied the claims for bilateral shin splints, right elbow pain, and bilateral wrist strain. However, by extending the benefit of doubt to the Veteran, his lumbosacral strain was determined to be service-connected.

The Veteran's appeal is being remanded for scheduling a Travel Board hearing and issuance of an SOC regarding his claim of service connection for residuals of bilateral shoulder injury. The issues of service connection for hypertension, increased rating for lumbar spine strain, and entitlement to total disability based on individual unemployability are referred back to the AOJ.

The Veteran's combined rating for service-connected disabilities is 100%, meeting the percentage requirements for a TDIU. However, the weight of medical opinion and other evidence indicates that his service-connected disabilities do not render him unemployable.

The Board granted a higher initial rating of 20 percent for the Veteran's service-connected degenerative joint disease and degenerative disc disease of the lumbosacral spine effective April 16, 2009.

The Veteran's claim for service connection for sleep apnea has been reopened, but the underlying issue remains unresolved. The skin disorder is rated at 50 percent from December 20, 2011 onwards.

The Veteran's lumbosacral strain is currently rated at 20 percent, but the Board found that his disability does not warrant a higher rating as it does not meet the criteria for a higher evaluation under any applicable diagnostic code.

The Veteran's diaphragmatic paralysis and obstructive sleep apnea are not service-connected, as the evidence does not support a finding that these conditions were caused or aggravated by his service-connected cervical spine fracture.

The Board has granted service connection for chronic lumbosacral spine degenerative disc disease, discectomy residuals, right L5 radiculitis, and lumbar spine strain as secondary to the Veteran's service-connected bilateral pes planus.

The Board found no evidence of sleep apnea during service and denied the claim, concluding that it is not related to military service.

The Board finds that the Veteran's sleep apnea is less likely as not related to his service-connected diabetes mellitus, and thus denies service connection for sleep apnea secondary to diabetes.

The Veteran's claims for cerebellar ataxia, myoclonic jerks with spasmodic jerking of the body, loss of motor control of the right leg, and loss of motor control of the left leg are being REMANDED due to the need for further development. The Veteran is presumed to have served in the Persian Gulf War.

The Veteran's appeal involves claims for increased ratings and service connection. The Board has determined that further examination is needed to determine the current severity of his service-connected peripheral neuropathy, hypertension, and sleep apnea.

The Board has denied the Veteran's claim for an initial rating in excess of 20 percent for lumbosacral spine disability, finding that the evidence does not support a higher rating based on the current level of disability.

The Board found that there is no evidence of radiculopathy in the bilateral upper extremities or left lower extremity associated with the Veteran's cervical and lumbosacral spine disabilities. As such, separate compensable ratings for these conditions are not warranted.

The Veteran's claims of service connection for disabilities of the knees and right ankle are being remanded due to insufficient evidence. The initial rating claim for left ankle arthralgia is deferred until all pertinent evidence is assembled.

The Veteran's claim for increased ratings for his service-connected chronic lumbosacral strain with degenerative disc disease is being remanded for additional development, including a new VA examination and the acquisition of any outstanding VA treatment records.