Sleep apnea decisions — 2012

The Board found that the Veteran's obstructive sleep apnea was not incurred during active service, and thus denied his claim for service connection.

The Veteran's claims for increased evaluation, service connection, TDIU, and extraschedular rating were denied. The Board found that the criteria for an increased evaluation of lumbosacral strain with DDD and a history of degenerative arthritis of the lumbosacral spine had not been met, and that there was no evidence of intervertebral disc syndrome or bladder/bowel impairment.

The Veteran's sleep apnea and left hand tremors are found to be related to his military service, with the Board granting service connection for both conditions.

The Veteran's service-connected lumbosacral strain with degenerative disc disease is entitled to a 10 percent rating from July 31, 2004.

The Veteran's right ankle disability is service-connected and found to be related to her military service.,Service connection for residuals of fractures of the right thumb and great toe, as well as a left breast scar, has been granted. However, noncompensable ratings have been assigned.

The Board granted service connection for a left knee disability, effective August 5, 2003, the date of the Veteran's application to reopen his claim. The effective date was not earlier than this due to the procedural history and VA regulations.

The Veteran's sleep apnea, bilateral hearing loss with tinnitus, and hemorrhoids are presumed to have been incurred in service. The low back disorder is not related to service, but the knee disorders are considered presumptively due to exposure to burn pits. No effective date was assigned as all conditions were granted.

The Veteran was granted a combined disability rating of 70 percent for service-connected disabilities effective August 25, 2005. The Board found that the Veteran met the criteria for TDIU as of this date and confirmed the effective date of January 17, 2006.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing before a Veterans Law Judge at his local RO.

The Board has remanded the case for further development, including obtaining additional medical records and an addendum to the VA examiner's report.

The Veteran's widow is appealing the denial of service connection for the cause of his death. The appeal is being remanded to obtain additional medical records and to have a VA examiner review the evidence to determine if the Veteran's service-connected PTSD, degenerative disc and joint disease of the lumbosacral spine, or other conditions caused or contributed to his death.

The Veteran's appeal is being remanded to schedule a hearing before the Board of Veterans' Appeals at the RO in Indianapolis, Indiana.

The Veteran's request to reopen his claim of service connection for a left elbow disorder has been granted. His claim for an increased evaluation of lumbosacral strain status post laminectomy and discectomy was denied, and he is now receiving TDIU benefits due to his service-connected disabilities.

The Board has determined that additional development is needed to determine the etiology of any lumbosacral spine, left knee, and right shoulder disabilities. The Veteran will be scheduled for VA examinations to address these issues.

The Board denied the Veteran's claims for service connection for various conditions, including bilateral ankle and knee conditions, bilateral shoulder conditions, residuals of rib fractures, a low back condition, circulatory disturbances of the legs and right toe amputation, and sleep apnea. The evidence did not establish a direct relationship between these conditions and service.

The Veteran's claim for a total disability rating based on individual unemployability is being remanded due to the need to adjudicate his service connection claim for ischemic heart disease, which may affect the outcome of his original claim. The claims are inextricably intertwined.

The Board has determined that the Veteran's obstructive sleep apnea is likely to have its clinical onset during his period of active service, and thus grants service connection for this condition.

The Veteran's claims for service connection for various conditions have been denied as the evidence does not support a finding that any of these conditions were incurred in or caused by his military service.

The Board has remanded the case for additional development, including gathering of records and further investigation regarding the Veteran's exposure to ionizing radiation in Japan.

The Veteran's obstructive sleep apnea is not considered to be directly related to his service-connected bronchial asthma, and the Board has determined that there is no evidence of a direct link between the two conditions. As such, the claim for secondary service connection is denied.