Sleep apnea decisions — 2012

The Veteran's claim for compensation benefits under 38 U.S.C.A. � 1151 is being remanded due to the need for additional development of the record, including scheduling a video conference hearing.

The Board found that the Veteran's chest pain is not a chronic disability resulting from service, and thus denied his claim for service connection.

The Veteran's service-connected left knee disability is currently rated at 10 percent prior to December 11, 2009 and at a combined 30 percent as of that date. The Veteran's lumbar spine disability was not found to be related to his service-connected knee disabilities.

The Veteran's claims for increased evaluations of his service-connected lumbosacral spine, right knee instability, left knee instability, right knee degenerative joint disease, and left knee degenerative joint disease were denied. The Board found that the evidence did not support a higher evaluation for any of these conditions.

The Veteran's lumbosacral strain was initially granted service connection and rated at 10 percent after July 18, 2005. The Board found that a higher rating of 20 percent is warranted for the condition based on its effects on scoliosis.

The Board has reopened the claim for service connection for low back disability and denied it on the merits. Service connection was also denied for obesity, diabetes mellitus, hypertension, and sleep apnea as secondary to obesity.

The Board has granted service connection for cervical strain, finding that the Veteran's current condition is at least as likely as not related to his military service. The claims for sleep apnea and headaches are remanded for further development.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal.

The Board has denied the Veteran's claims for service connection for various conditions, including a bilateral heel disorder, flat feet, fibromyalgia, sleep apnea, gastrointestinal disorders, and erectile dysfunction prior to May 23, 2011. The decision is based on the lack of evidence linking these conditions to his military service.

The Veteran's lumbosacral spine, cervical spine, left knee, right knee, left hip, and right hip disabilities were all rated at the maximum available rating of 20 percent. The decision did not address any other issues or claims.

The Board has remanded the case for further development, including obtaining service treatment records and private treatment records. The appellant's status is unclear due to his claimed veteran status.

The Veteran's appeal is being remanded due to the need for a hearing before a Veterans Law Judge.

The Board found that the Veteran's sleep apnea was not incurred in or aggravated by active service and denied his claim.

The Veteran's claim for service connection for sleep apnea is granted, as the evidence supports a finding that his current condition likely had its onset during active duty. The claim for onychomycosis of the feet is also granted due to continuity of symptomatology since service.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional development, including an examination and opinion regarding whether there is a 50 percent or greater probability that his sleep apnea began during service or is related to service.

The Board denied increased disability ratings for lumbosacral strain and cervical spine fusion with plate and screws, C5-6, finding that the Veteran's conditions did not meet criteria for higher ratings based on limitation of motion or other factors.

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing at the RO. The issues of entitlement to service connection for sleep apnea, acid reflux, and a psychiatric disorder (claimed as PTSD) are pending.

The Veteran's service-connected speech disorder has been assigned a 10 percent evaluation, effective October 8, 2010. The current evaluation is appropriate given the symptoms and severity of his condition.

The Veteran's initial compensable ratings for bilateral hearing loss and calcaneal spur of the right heel were denied. The Veteran's sleep apnea was not found to warrant a compensable rating.

The Veteran's service-connected disabilities, including his lumbar spine disability and left thumb disability, combine to a rating of 70 percent. The Board finds that the Veteran is likely prevented from securing and following substantially gainful employment due to his service-connected disabilities.