Sleep apnea decisions — 2012

The Veteran's sleep apnea was found to be incurred during service. The Veteran does not have a current diagnosis of bilateral hearing loss for VA purposes, and thus his claim for this issue is denied.

The Veteran is seeking an increased rating for his service-connected lumbosacral strain with arthritis. The case has been remanded due to the need for a VA examination and updated treatment records.

The Board has granted service connection for obstructive sleep apnea and denied service connection for testicular cancer. The Veteran's current obstructive sleep apnea is related to his injury during ACDUTRA in 1964.

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

The Board has determined that further development of the Veteran's claims is warranted, including obtaining outstanding VA treatment records and scheduling a VA examination to assess his PTSD with dyssomnia, left shoulder disability, high blood pressure, and sleep apnea. The case is REMANDED for these actions.

The Veteran's claims for service connection were denied. The skin rash of the groin and crotch area, rosacea on the face, knee disorders, dizziness, headaches, night sweats, and hearing loss are not considered to be related to his military service.

The Board has denied reopening of service connection claims for a low back disorder and sciatic neuralgia, finding no new and material evidence to support the Veteran's claims. The Veteran did not have a chronic back or leg condition during service, and there is insufficient evidence linking current symptoms to active duty.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a VA examination and an opinion regarding the etiology of his condition.

The Board has determined that the Veteran does not have a current right ear hearing loss disability for VA compensation purposes. The Veteran's currently manifested left ear hearing loss first manifested many years after service and is not causally related to event(s) during his military service. Tinnitus had its onset during active service. There is evidence of sleep problems during military service, competent medical evidence of a current diagnosis of sleep apnea, and competent allegations of continuity of sleep problems beginning during service to the present.

The Board has ordered the RO to obtain VA treatment records and provide a new opinion on whether the Veteran's obstructive sleep apnea is related to service, including in-service complaints of fatigue and headaches. The appeal will be remanded for these actions.

The Board has granted service connection for obstructive sleep apnea and found that the Veteran's current lumbar strain disability is related to his active duty. The appeal regarding increased ratings for right Achilles tendonitis and bilateral foot fungus is dismissed.

The Board has determined that the Veteran's obstructive sleep apnea is aggravated by his service-connected deviated septum, warranting service connection. However, there is no evidence to support a finding of service connection for his right shoulder disability.

The Veteran's low back disability was evaluated at a 10 percent rating prior to February 17, 2011 and denied for an increased rating. On and after February 17, 2011, the Veteran's condition warranted a 40 percent rating.

The Board has granted service connection for traumatic arthritis of the cervical and thoracic spine, both shoulders, and lumbosacral spine. The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disability (TDIU) is REMANDED.

The Board has granted service connection for a skin disorder of the feet and sleep apnea, finding that there is sufficient evidence to support these claims.

The Veteran's service-connected lumbosacral strain is currently evaluated at a 10 percent rating, and the evidence does not support an increase in this rating.

The Board denied the Veteran's claims for increased evaluations for his service-connected chronic lumbosacral strain and chronic cervical strain, finding that the evidence did not meet the criteria for a higher evaluation.

The Board has determined that the appellant's service-connected low back strain should be restored to a 40 percent disability rating, effective September 1, 2008.

The Board found that the Veteran's lung disability (bronchitis) is not related to service, but reopened her claims for lumbosacral spine and bilateral knee disabilities due to new evidence. The claim for bilateral foot disability was also reopened.

The Veteran's low back strain is currently rated at 20% and does not meet the criteria for a higher rating based on his current symptoms.