Sleep apnea decisions — 2012

The Veteran's TDIU claim is being remanded for further consideration, including an evaluation of his employability due to service-connected disabilities. The case will be referred to the Compensation and Pension Service for extra-schedular consideration.

The Board has ordered additional development due to the need for a more thorough examination and consideration of all relevant evidence, including lay statements from the Veteran's service mates.

The Veteran's appeal involves claims for service connection and an increased evaluation for his bilateral foot dermatophytosis or pseudomonas aeruginosa, and a low back strain. The case is being remanded to provide the Veteran with appropriate VA examinations and to review all submitted evidence.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need for a VA examination to determine if his current condition is related to his active service.

The Veteran's service-connected disabilities do not preclude him from securing and maintaining some form of substantially gainful employment.

The Board found that the Veteran's lumbosacral and cervical spine disorders did not have their onset during service or are related to any incident in service, including a parachute jump. Service connection was denied.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for a skin disability, claimed as facial rash, resulting from March 2006 prostatectomy performed at University Hospital is denied because the care was not provided by a facility over which the Secretary has direct jurisdiction.

The Veteran's appeal is being remanded for a travel Board hearing. The issues are related to reopening claims for service connection.

The Veteran's lumbosacral spine disorder, including degenerative disc disease, was not incurred in or aggravated by service and is unrelated to active duty. The cervical spine disorder resolved without chronic residuals during service and is also unrelated to active duty. The skin disorder of the feet was not shown in service and is unrelated to active duty.,The Veteran's lumbosacral spine disorder (including degenerative disc disease), cervical spine disorder, and skin disorder of the feet were all determined to be not incurred or aggravated by service.

The Veteran does not have a foot disability, obstructive sleep apnea, or a back disability that was caused by his service.

The Veteran's currently diagnosed degenerative disc disease of the lumbosacral spine is found to be related to his active duty service and service connection is granted.

The Veteran's chronic headaches, neck disability, and obstructive sleep apnea are all found to be related to her active military service.

The Veteran's lumbosacral strain was rated at 20 percent prior to September 26, 2003 and increased to 40 percent thereafter. The appeal is denied as there is no evidence of severe limitation of motion or ankylosis.

The Board has denied the Veteran's petitions to reopen his previously denied claims for service connection for lumbosacral strain with spina bifida and liver disorder. The claims were not reopened due to lack of new and material evidence.

The Veteran's service-connected back disability is currently rated at 20 percent, effective April 9, 2004. The rating reflects the current manifestations of his condition.

The Board denied service connection for respiratory disability (COPD), obstructive sleep apnea, and chronic fatigue as the evidence did not establish a direct relationship to service.

The Board found that the Veteran's pre-existing nasal septal deviation was not aggravated by active service and denied his claims for service connection for a breathing disability, to include sleep apnea.

The Veteran's lumbosacral strain and bilateral lower extremity radiculopathy were evaluated, with the lumbosacral strain receiving a 20% rating and each lower extremity radiculopathy rated at 10%. The claim for TDIU was denied.

The Board is remanding the claims for service connection for low back and bilateral knee disorders due to inadequate rationale provided in VA examinations, requiring further development including additional medical opinions.

The Board has found that the Veteran does not have a lumbar spine disability that is attributable to military service and therefore, denied his claim of service connection for lumbosacral strain.