Sleep apnea decisions — 2012

The Veteran's claim for a higher rating for degenerative arthritis of the lumbosacral spine was granted, with a 20% rating effective from the date of the decision. The ratings for his great toe disabilities remain at 10%.

The Veteran's service-connected disabilities have rendered him unemployable since June 1, 2005.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional medical opinions and consideration of new evidence.

The Veteran's petition to reopen the claim for service connection for a right eye disability was granted, and he is now entitled to service connection for this condition.,The Veteran's petition to reopen the claim for service connection for hypertension was granted, and he is now entitled to service connection for this condition based on evidence linking it to Agent Orange exposure or as secondary to other conditions.

The Board has granted service connection for a sleep disorder, to include obstructive sleep apnea; a respiratory disorder, to include bronchial asthma and bronchitis; recurrent tonsillitis; and loss of vision. These conditions are found to be directly related to the Veteran's military service.

The Board has remanded the case for additional development due to the need for a VA examination and opinion regarding the Veteran's low back disability.

The Veteran's claim for a higher rating for lumbosacral strain was denied as his disability did not meet the criteria for a higher evaluation under the applicable VA rating schedule.

The Board has reopened the claim for service connection for sinusitis and granted it on its merits. The claims for service connection for low back pain and sleep apnea are remanded to further develop evidence.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing at his local RO. The case will be returned to the Board for further review after the hearing.

The Veteran's lumbosacral spine injury residuals do not result in ankylosis of the spine, and radiculopathy is not etiologically related to his service-connected disability. As a result, he does not meet the criteria for a rating in excess of 40 percent.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for hypertension, including as secondary to diabetes mellitus. The claims for ocular hypertension of the left eye, gastrointestinal disorder, sleep apnea, and fibromyalgia are all denied due to lack of a direct link to service or service-connected conditions.

The Veteran's claims for service connection for hypothyroidism, eye disorder (claimed as eye sight), sleep apnea, and an acquired psychiatric disorder were denied. The evidence did not establish a direct link to service.

The Board has granted service connection for sleep apnea and fatigue. The issues of service connection for diabetes mellitus, hiccups and muscular twitching of the eyes, and multiple joint pain affecting the hands, wrists, fingers, knees, and ankles (including bilateral carpal tunnel syndrome) are remanded.

The Board has determined that the Veteran does not have sleep apnea that is attributable to active service or was caused or made worse by a service-connected bilateral deviated septum.

The Veteran's claims are being remanded due to incomplete service records and the need for additional examinations. The issues of service connection, reopening claims, and evaluations will be addressed.

The Veteran's sleep apnea has been manifested by symptomatology requiring the use of a CPAP machine, warranting a 50% initial rating. The criteria for higher ratings have not been met.

The Veteran's claims for service connection have been reopened, but the underlying claims remain denied. The Veteran has a current diagnosis of anxiety disorder that may be related to active service.,The Veteran's kidney disease and urinary incontinence are both found to be related to active service.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Veteran's service-connected lumbosacral spine disability, including degenerative disc disease and degenerative joint disease, has been rated at 20 percent since November 18, 2004. The appeal for a higher rating is denied.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with proper notice regarding secondary service connection.