Sleep apnea decisions — 2012

The Veteran's combined evaluation of 80 percent for his service-connected disabilities does not meet the criteria for a TDIU rating as they do not render him unable to secure or follow a substantially gainful occupation.

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

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

The Veteran's claims of entitlement to service connection for various conditions were denied. The Board found that new and material evidence had been submitted to reopen the claim for anxiety, but did not find a relationship between any of her claimed conditions and service.

The Board has determined that the Veteran's currently diagnosed obstructive sleep apnea had its onset during service and grants service connection for this condition.

The Board denied the Veteran's claims for service connection for lumbosacral strain, skin disorders including skin cancer, and left ear deformity due to chemical exposure. The evidence did not support a finding of in-service disease or injury resulting in these conditions.

The Veteran's appeal for increased ratings was withdrawn. The RO granted a 30% rating for peripheral nerve involvement of the right lower extremity with foot drop effective January 28, 2008.

The Veteran's claim for an initial rating higher than 60 percent for his low back disability was granted, and he is now receiving a 60% rating. The effective date of this grant has been set at February 29, 2008.

The Veteran's combined service-connected disabilities (bilateral pes planus and traumatic overuse of the lumbosacral spine) do not meet or approximate the percentage requirements for a TDIU rating under 38 C.F.R. § 4.16(a).

The Board found that the Veteran's obstructive sleep apnea did not originate in service or for many years thereafter and is not related to any incident during active service.

The Veteran's claims for an earlier effective date for service connection of retinitis pigmentosa and SMC due to blindness without light perception in both eyes were denied. The earliest effective dates granted are March 20, 2000.

The Board has determined that there is no new and material evidence to reopen the Veteran's claims for service connection for bilateral shoulder sprain (bursitis), venereal warts, recurrent lumbosacral strain, scratched eyeballs, swollen, dry, itchy throat, and hypertension with history of abnormal ECG/EKG and other claimed heart pathology.

The Veteran's lumbar spine disability is rated at 40 percent, effective June 14, 2005. He also received separate ratings for radiculopathy of the left and right lower extremities.

The Board has determined that the Veteran's obstructive sleep apnea and left hand injury residuals are related to his period of service, warranting service connection for these conditions.

The Board has remanded the case due to inadequate medical opinion regarding the etiology of the Veteran's obstructive sleep apnea. The Veteran is required to provide updated records from his private sleep specialist and undergo a VA examination if necessary.

The Board has decided to remand the case for additional development, including obtaining Social Security Administration records and scheduling a VA examination.

The Board has awarded a 50 percent evaluation for the Veteran's service-connected back disability, which is the highest rating available under the schedular criteria. This decision grants an extraschedular evaluation based on the exceptional or unusual nature of the Veteran's disability picture.

The Board has granted service connection for a lumbosacral spine disorder, finding that it is related to an injury sustained during active duty training in the early 1980s.

The Veteran's appeal was denied as the RO found that his service-connected conditions did not warrant a higher rating, and no new evidence had been submitted to reopen previously closed claims.

The Veteran's claim for TDIU is being remanded due to the need for additional medical records and an examination, as well as adjudication of related service connection claims.