Sleep apnea decisions — 2012

The Veteran's appeal was dismissed because he withdrew his appeal in March 2012.

The Veteran's claims for increased ratings and effective dates were denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent for lumbosacral strain prior to July 21, 2009.

The Board has decided that the Veteran's claim of service connection for sleep apnea must be remanded due to insufficient development and need for a supplemental medical opinion.

The Veteran's appeal is being remanded for additional development to obtain his service treatment records and determine the etiology of his claimed conditions, including back injury, gastrointestinal disorder, sleep apnea, and undiagnosed illness. The examiner will assess whether these conditions are related to service.

The Veteran's service-connected right upper extremity peripheral neuropathy is rated at 30 percent prior to June 24, 2010 and increased to 30 percent effective from that date. The Veteran also has a separate rating for postoperative right mid shaft ulna fracture.

The Board dismissed the appeal due to the death of the appellant, and thus no jurisdiction remains to adjudicate the merits of the claim.

The Veteran's claim for service connection for sleep apnea is denied as there is no current diagnosis of the condition. The Board finds that his previous in-service diagnosis does not meet current criteria for a diagnosis of sleep apnea.

The Veteran's claims for increased ratings for his right ankle disability and lumbosacral strain were denied. The evidence did not show ankylosis or other conditions that would warrant a higher rating under the applicable VA Rating Schedule.

The Veteran's appeal is being remanded for issuance of a statement of the case regarding his claim for an initial compensable disability rating for sleep apnea syndrome.

The Board has decided to remand the Veteran's claim for an increased rating for his lumbosacral strain due to inadequate examination and failure to address DeLuca and Mitchell requirements regarding pain.

The Veteran's appeal for service connection for retinitis pigmentosa has been dismissed due to his death.

The Board found that there is no evidence to support a finding that the Veteran's current degenerative disc disease of the lumbosacral spine had its onset during or is otherwise related to his active service.

The Board denied an initial evaluation higher than 20 percent for the Veteran's service-connected traumatic injuries to the lumbosacral spine, with chronic lumbosacral strain and subsequent multilevel degenerative disc disease.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional examinations to assess her service-connected disabilities, including their impact on her employment.

The Veteran's lumbosacral strain is rated at 20 percent, and his TDIU claim is granted.

The Veteran's service connection claim for PTSD, Parkinson's disease, CAD, glaucoma, kidney disability, sleep apnea, hypertension, and sinusitis is granted due to exposure to herbicides during his service in Vietnam.

The Veteran has been granted service connection for sleep apnea, which is found to be due to his service-connected PTSD.

PTSD with alcohol abuse and sleeping problems was initially rated as 50 percent disabling from March 30, 2007 to February 9, 2010. From February 10, 2010 forward, the Veteran is entitled to a rating of at least 70 percent.,Chronic myofascial strain of left trapezius muscle has been rated as 10 percent disabling throughout the period on appeal.

The Board has determined that the Veteran's sleep apnea is related to his military service and grants the claim for service connection.

The VA physician determined that the Veteran's current obstructive sleep apnea is at least as likely as not due to his military service, including symptoms of fatigue and snoring during service and exposure to chemicals and dust in the Southwest Asia theater of operations.