Sleep apnea decisions — 2012

The Veteran's current lumbosacral spine disability is not related to active service or any incident of service.

The Board found that the Veteran's current diagnosis of sleep apnea is not related to his active military service, including exposure to chemicals. The claim for service connection was denied.

The Board has determined that the Veteran's low back disorder and respiratory disorder are service-connected, with no effective date provided as the decision is based on current symptoms.

The Board denied the Veteran's claims for service connection for sleep apnea, special monthly compensation based on need for regular aid and attendance of another person or by reason of being housebound, and TDIU. The evidence did not establish a link between the current sleep apnea and active duty.

The Veteran's service-connected degenerative joint disease of the lumbosacral spine is currently rated at 20 percent, effective October 30, 2006. The Board finds that a higher rating is warranted and grants an increased rating to 40 percent.

The Veteran's sleep apnea is found to have had its onset during military service, and the Board grants service connection for this condition.

The Veteran's lumbar muscle strain was initially rated at 10 percent prior to February 28, 2011. Since then, a higher rating of 20 percent has been granted for his degenerative disc disease.,Since February 28, 2011, the Veteran's degenerative disc disease with lumbosacral strain warrants a 20 percent rating.

The Board has remanded the case for further development and readjudication of the issues on appeal, including the issue of entitlement to a TDIU. The Veteran's claim for an extraschedular rating for lumbosacral strain is also remanded.

The Veteran's service-connected bilateral hip and lumbosacral spine disabilities meet the threshold requirements for a TDIU rating, as they result in a combined disability rating of 70 percent.

The Veteran's claim of entitlement to service connection for a back disorder is being remanded due to the need for additional development, including obtaining medical records and scheduling an examination.

The Veteran is requesting to reopen claims for service connection for various conditions, including diabetes mellitus, arthritis of the right hand, sleep apnea, and a nasal condition. The Board has remanded these cases due to the Veteran's request for a videoconference hearing.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine at L5-S1 is not manifested by ankylosis, and does not meet the criteria for a higher rating under any applicable diagnostic code.

The Board denied the Veteran's request to reopen his claim for service connection for lumbosacral strain, finding that new and material evidence had not been received.

The Board has determined that the Veteran's sleep apnea and gastroesophageal reflux disease (GERD) are related to his military service, while musculoskeletal chest pain is not a compensable disability.

The Board has determined that the Veteran's hypertension, chronic obstructive pulmonary disease, and sleep apnea are not related to service or any service-connected disability.

The Board found that the Veteran's sleep disorder, claimed as sleep apnea, is not related to his service and denied his claim.

The Veteran's service-connected disabilities, excluding his major depressive disorder, did not preclude him from securing and following substantially gainful employment prior to August 10, 2005. As of that date, he is in receipt of special monthly compensation at the level of 38 U.S.C.A. § 1114(s) and 38 C.F.R. § 3.350(i).

The Veteran's appeal is remanded for additional development, including a VA examination to determine the nature and etiology of any current right wrist disability, to include right wrist strain. The claim for service connection for sleep apnea will also be remanded for issuance of an SOC.

The Board denied the Veteran's claims for service connection for various conditions, including a back disability, hypertension, right knee disability, sleep apnea, and disabilities of the bilateral hips. The decisions were based on secondary service connection.

The Board denied the Veteran's claims of service connection for diabetes mellitus, sleep apnea, and nasal polyps. The initial compensable evaluations for chronic sinusitis and allergic rhinitis were also denied.