Sleep apnea decisions — 2012

The Veteran withdrew his appeal regarding the claims for increased initial ratings for lumbosacral degenerative disc and joint disease (exceeding 20 percent) and left ankle degenerative joint disease (noncompensable).

The Board has determined that the Veteran's service-connected PTSD caused or aggravated his obstructive sleep apnea, and therefore grants service connection for this condition on a secondary basis.

The Veteran's service-connected disabilities, including lumbosacral strain with degenerative disc disease and neurological impairments of both lower extremities, rated at 40 percent combined, meet the schedular criteria for a TDIU. However, due to his other nonservice-connected conditions such as diabetes mellitus, asthma, obesity, renal cell carcinoma, coronary artery disease, glaucoma, dementia, sleep behavior disorder, and neck disability with radiculopathy, he is unable to obtain or maintain substantially gainful employment.

The Veteran was granted service connection for a cervical spine disorder and bilateral lower extremity numbness, both presumed due to herbicide exposure during his active duty. Service connection was denied for sleep apnea and a skin disorder.,Service connection was granted for sleep apnea based on presumptive service connection due to herbicide exposure.,Service connection was granted for bilateral lower extremity numbness and a skin disorder, both presumed due to herbicide exposure during his active duty. The Veteran's cervical spine disorder remains unresolved.

The Veteran's initial higher ratings for lumbosacral spondylosis and radiculopathy of the right lower extremity associated with lumbar spondylosis were denied. The current evaluations are found to be appropriate based on the evidence of record.

The Veteran's claims for service connection are being remanded due to his failure to report for VA examinations and the need to obtain additional service treatment records.

The Veteran's claims for service connection for eye coronary pressure and obstructive sleep apnea were denied. The appeal regarding the rating for PTSD prior to April 10, 2008 is still pending.

The Board has dismissed the appeal for an increased evaluation and denied the claim for an earlier effective date for a 40 percent rating for chronic lumbosacral strain with associated degenerative arthropathy. The Veteran's low back disability was found to be no more than 20 percent disabling prior to August 4, 2008.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a VA examination and additional medical records.

The Veteran is seeking a TDIU based on her service-connected back/neck conditions and mood disorder. The RO has remanded the case for further development, including obtaining medical opinions regarding her employability.

The Board has determined that the evidence is in equipoise as to whether the Appellant's low back disability, diagnosed as lumbosacral herniation and reflex sympathetic dystrophy, was incurred during active duty for training in 1963. Therefore, service connection is granted.

The Board has determined that the Veteran's DDD and stenosis of the lumbosacral spine are related to service, granting service connection for these conditions.

The Board has determined that there is no preponderance of evidence to support the Veteran's claim for service connection for a low back disability, as his current symptoms are not shown to be related to any incident during active service. The claim for lung disability remains pending.

The Veteran's claims for increased ratings and service connection were denied. The issues of whether new and material evidence has been submitted to reopen the claim for service connection for a right shoulder disorder, and entitlement to an extension of a temporary total rating beyond June 1, 2009, are also addressed.

The Veteran's appeal is remanded due to inconsistencies in the VA psychiatric examination report and incomplete opinions regarding service connection for hypertension, gastrointestinal disability, rheumatoid arthritis, erectile dysfunction, and sleep apnea.,Service connection for PTSD has been granted. The Veteran seeks an increased evaluation. Service connection for hypertension, gastrointestinal disability, rheumatoid arthritis, erectile dysfunction, and sleep apnea are also on appeal.,The Veteran's service-connected PTSD is associated with his gastrointestinal disability (GERD, hiatal hernia, irritable bowel syndrome). Service connection for these conditions is sought as secondary to the Veteran's PTSD. The Veteran seeks an increased evaluation for PTSD.,Service connection for hypertension and rheumatoid arthritis are denied. Service connection for erectile dysfunction and sleep apnea is also on appeal.,The Veteran's service-connected PTSD is associated with his gastrointestinal disability (GERD, hiatal hernia, irritable bowel syndrome). Service connection for these conditions is sought as secondary to the Veteran's PTSD. The Veteran seeks an increased evaluation for PTSD.,Service connection for hypertension and rheumatoid arthritis are denied. Service connection for erectile dysfunction and sleep apnea is also on appeal.

The Veteran is seeking an increased rating for his service-connected hypertension and seeks to establish service connection for obstructive sleep apnea as secondary to his hypertension. The case is being remanded for a videoconference hearing.

The Board found that sinusitis, a headache disorder, and a sleep disorder to include sleep apnea were not incurred in or aggravated by the Veteran's active military service.

The Veteran's appeal is being remanded for further development due to his failure to appear for scheduled VA examinations. The case will be returned to the Board after additional evidence and examination results are obtained.

The Veteran's claim for a higher rating for his lower back disability was granted, and he is now rated at 30 percent from November 10, 2003. The claim for TDIU remains pending.

The Veteran's service-connected disabilities do not prevent him from securing or retaining substantially gainful employment, and his current job as a welder does not qualify as marginal employment.