Sleep apnea decisions — 2012

The Veteran's skin graft scarring of the left collarbone area is a dermatological residual of previous surgical excision of dermatofibrosarcoma protuberans, and was a result of active duty service. The Board finds no evidence of current dermatofibrosarcoma protuberans or systemic residuals thereof.

The Board has remanded the Veteran's claim for service connection for sleep apnea due to its relationship to his service-connected PTSD. The Veteran needs to provide evidence of a current disability, a service-connected disability, and medical nexus evidence establishing a connection between the service-connected disability and the current disability.

The Veteran's claims for increased ratings for narcolepsy and bilateral patellofemoral syndrome (PFS) of the knees were denied. The Veteran was not granted any additional rating increases.

The Board denied the Veteran's claims of service connection for acquired psychiatric disorder, sleep apnea disorder, and vertigo. The claim for an initial rating in excess of 30 percent for bilateral hearing loss was also denied.

The Veteran's appeal is being remanded for additional examinations and opinions regarding his claimed sleep apnea and sinusitis, including whether they are related to service or any service-connected conditions.

The Board has denied the Veteran's claims for service connection for hypertension, obesity, and sleep apnea as there is no probative medical evidence linking these conditions to his military service.

The Board has remanded the case for additional development due to the need for medical opinions regarding the Veteran's claimed conditions and their relationship to service.

The Board has granted service connection for a low back disability effective September 27, 2005 and assigned an initial rating of 20 percent. The Veteran's claim is denied for an earlier effective date.

The Board dismissed the appeal due to the death of the appellant, and no jurisdiction remains for adjudicating the merits of this claim.

The Veteran's appeal is being remanded for scheduling a hearing before the Board of Veterans' Appeals. The issues are whether he can establish service connection for degenerative disc disease and if his right foot scar warrants an initial compensable evaluation.

The Board has determined that the Veteran's current degenerative joint disease of the lumbosacral spine is related to his in-service injury, and service connection for this condition is granted.

The Veteran's claim for a higher rating for his service-connected degenerative joint disease of the lumbosacral spine with intervertebral disc syndrome is denied. However, he is currently receiving a separate 10 percent rating for right leg mild incomplete paralysis of the sciatic nerve.

The Board has determined that additional development is needed to obtain medical records and to conduct examinations for the Veteran's claimed disabilities. The case will be remanded for these actions.

The Veteran's bilateral leg condition is related to his military service, specifically exposure to parasites in 1991. His right shoulder condition has not been linked to his military service.

The Board has granted service connection for sleep apnea, right hand tenosynovitis, and an acquired psychiatric disability (dysthymic disorder and depression).

The Veteran's service-connected low back disability was granted a 40 percent evaluation prior to April 25, 2007.

The Veteran is seeking compensation under the 38 U.S.C.A. § 1151 for additional disability due to VA medical or surgical treatment, associated with a left rotator cuff repair in November 2004. The case has been remanded for further development including obtaining the signed consent form and ensuring proper informed consent procedures were followed.

The Veteran's claims for initial compensable evaluations for his service-connected left knee fracture, chronic left quadriceps muscle strain, and chronic lumbosacral spine strain are being remanded due to the need for additional development including a VA examination.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for PTSD, and will now reconsider the merits of the claim.

The Veteran's service connection claim for headaches, claimed as migraine headaches, is granted. The remaining claims are not addressed in this decision.