Sleep apnea decisions — 2012

The Veteran asserts that his sleep apnea is related to his military service. The Board has determined that a VA examination is needed to determine the nature and etiology of his sleep apnea.

The Veteran's claim for TDIU is being remanded due to the need for additional examination and development of records.

New and material evidence has been submitted to reopen the Veteran's claims of service connection for various conditions, including sleep disorders, low back disabilities, GERD, hernia repairs, prostatitis, myositis, and depression. Further development is required before these claims can be adjudicated.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, left thigh pain, right ankle pain (due to gout), and left ankle pain (due to gout) as well as obstructive sleep apnea. The Board found no in-service occurrence or aggravation of a disease or injury related to these conditions, and the Veteran's current disabilities do not meet the criteria for service connection.

The Veteran's sleep apnea is found to have arisen during his service, specifically while on active duty for training (ACDUTRA), and the Board has granted service connection.

The Veteran's claim for service connection for sleep apnea, which is secondary to his service-connected uncontrolled hypothyroidism, has been remanded due to inadequate examination and the need for updated medical records.

The Veteran's appeal involves multiple issues related to his service-connected disabilities, including periodontal disease and various spine conditions. The case is being remanded for additional development of evidence.

The Veteran's claims for increased rating and TDIU are being remanded due to inadequate VA examinations, need for additional development of records, and the apparent claim for TDIU.

The Board found that the cause of death, anoxic brain injury due to hypotension and bradycardia, was not caused or contributed substantially or materially by any service-connected disability. The Veteran's service-connected PTSD, lumbosacral spine disability, tinnitus, hypertension, and bilateral hearing loss were deemed insufficient to contribute to his death.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations.

The Board found that the evidence added to the record since the final rating decisions does not raise a reasonable possibility of substantiating the claims for hearing loss, diabetes mellitus as a result of exposure to herbicides, rosacea and actinic keratosis (claimed as a skin disorder) as a result of exposure to herbicides, hypertension, or anxiety, panic attacks, and depression.

The Veteran's appeal has been withdrawn by his representative, and the Board is dismissing the case.

The Veteran's service-connected transitional lumbosacral vertebra with bilateral spondylolysis at L5 is currently rated as 20 percent disabling. The Board finds that the evidence does not support a higher rating, and thus grants the claim for an increased rating.

The Board has remanded the case due to incomplete records and need for further development regarding the Veteran's lung disorders, including exposure during service and post-service treatment.

The Veteran's appeals for increased evaluations and service connection were not timely filed, resulting in the dismissal of these claims.

The Veteran's obstructive sleep apnea is found to have had its onset during service and is therefore granted service connection.

The Veteran's skin disability, respiratory disability, and sleep apnea are being remanded for additional development to determine their relationship to service or any pre-existing conditions.

The Board denied service connection for hypertension, arthritis of the right hand, arthritis of the left hand, arthritis of the right foot, arthritis of the left foot, and arthritis of the thoracic and lumbosacral spine. The claims were adjudicated based on direct service connection.

The Veteran's claims for increased ratings were granted, with the disability rating for lumbosacral strain being increased to 10 percent and the disability rating for post-operative left elbow exostosis with X-ray evidence of mild reactive changes remaining at 10 percent. The initial disability rating for left (minor) upper extremity ulnar nerve compression was also granted, but it is currently rated as 30 percent disabling.

The Veteran has withdrawn his appeal of all claims, resulting in the dismissal of the case.