Sleep apnea decisions — 2012

The Veteran's claim for a higher rating for his service-connected lumbar spondylosis is being remanded due to the need for additional examination and consideration of new evidence.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection for a low back disorder and trouble sleeping. The case will be returned to the RO for further action.

The Veteran seeks service connection for various symptoms, including sleep apnea, rashes, neurological symptoms with muscle pain, hair loss, gastroesophageal reflux, headaches, respiratory disorder, and chronic fatigue. The appeal is remanded due to inadequate examination evidence.

The Veteran's claims for increased ratings were denied as the evidence did not show marked limitation of motion or ankylosis in his right ankle, nor did it meet the criteria for a higher rating under other applicable diagnostic codes. For his foot condition, he was rated at the maximum schedular disability rating and there is no indication that another diagnostic code would allow for a higher initial rating.

The Board has remanded the case for further development, including scheduling a VA respiratory examination to determine if the Veteran's current obstructive sleep apnea is related to service or a service-connected disability. The examiner should consider the Veteran's assertions and his wife and daughter's statements regarding his sleep habits during service.

The Board has determined that the Veteran's skin conditions, including basal cell carcinoma, actinic keratosis, and acne rosacea, are related to his service. The claim is granted.

The Veteran's appeal is being remanded for additional development to address the service connection claim for a hysterectomy, as well as increased ratings and TDIU claims. The Veteran will be provided with VA examinations and an addendum opinion regarding her hysterectomy claim.

The Veteran's residuals of a lumbosacral strain have not met the criteria for an evaluation in excess of 20 percent under VA rating criteria.

The Veteran's multiple joint aches and pains, primary constipation (claimed as irritable bowel syndrome), and fatigue were not incurred in or aggravated by active service. The diagnoses are attributed to non-service-connected conditions.

The Board has remanded the Veteran's claims due to his request for a hearing before a local RO member. The claims are now pending with the St. Petersburg, Florida, RO.

The Veteran has been diagnosed with sleep apnea, allergic rhinitis, gastroesophageal reflux disease (GERD), sinusitis, and a deviated nasal septum. The Board finds that these conditions are related to his military service.,Service connection is granted for all claimed conditions.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment.

The Veteran's lumbar spine condition required complete bed rest for 6 weeks during a 12-month period from August 3, 2007 to June 15, 2010. Prior to this period and after it, the disability did not meet the criteria for a rating in excess of 40 percent.

The Veteran's claim for service connection for chronic syncope has been reopened due to the submission of new and material evidence. The Board finds that the Veteran may have a current disability related to his in-service vasovagal syncope.,Regarding sleep apnea, the Veteran served in the Southwest Asia Theater during the Gulf War. However, the condition is not shown to be due to an undiagnosed illness or other disease incurred in service.

The Veteran's fatigue is attributed to sleep apnea and PTSD, which are not considered undiagnosed illnesses related to service in the Persian Gulf War. Therefore, service connection for fatigue as due to an undiagnosed illness is denied.

The Veteran's appeal is remanded due to the need for a new VA examination and additional medical records, as his condition may have worsened since the last evaluation.

The Board has determined that the Veteran does not have a current hearing loss, back disorder, or sleep apnea that is related to service. As such, his claims for these conditions are denied.

The Board has determined that the Veteran's obstructive sleep apnea was not incurred in or aggravated by his active duty service and therefore denied the claim for service connection.

The Veteran's claim for an increased rating for a lumbosacral strain is being remanded due to the need for additional medical examinations and records.

The Board has determined that the Veteran's service-connected lower back disability does not meet or approximate the criteria for a rating in excess of 10 percent.