Sleep apnea decisions — 2012

The Veteran's disabilities do not meet the schedular requirements for a permanent and total disability rating for VA pension purposes, as they do not permanently preclude him from engaging in all forms of substantially gainful employment.

The Board has determined that the Veteran's current sleep apnea is not related to his active service and therefore denied his claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining a VA examination to assess the severity of his service-connected myofascial strain and whether he has any additional disability due to carelessness or negligence on VA's part in April 2007 surgery. The issue of service connection for lumbosacral degenerative disc disease is also being remanded.

The Veteran's claims for service connection and increased ratings have been partially granted, with some issues being granted while others are denied. The right knee disorder claim has been reopened but the merits of the reopened claim remain pending.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with VA examinations to assess his PTSD, heart disability, hypertension, sleep apnea, and left wrist condition.

The Board has determined that the Veteran's service treatment records are missing and unavailable, and therefore remands for further development including obtaining his service records from March Air Reserve Base and contacting VA facilities to obtain post-service VA treatment records. The Veteran is also required to provide information about any other medical providers who have treated him for sleep apnea.

The Veteran's appeal was denied as his claim for an increased rating for lumbosacral strain was not supported by the evidence of record, and he did not meet the criteria for a higher disability rating.

The Board has determined that the Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and thus grants a TDIU.

The Board has determined that the Veteran's obstructive sleep apnea did not begin during his military service and is not related to his service-connected allergic rhinitis. As a result, the claim for service connection for obstructive sleep apnea as secondary to service-connected allergic rhinitis is denied.

The Board has reopened the Veteran's claim for service connection of a low back disability, finding that new and material evidence has been received. The issue is now pending before the RO to determine if there is sufficient evidence to establish secondary service connection.

The Veteran's appeal for service connection for sleep apnea has been withdrawn by the appellant before a decision was made.

The Board has determined that the Veteran's current back disability is related to his military service, granting service connection for degenerative arthritis of the lumbosacral spine.

The Board finds that service connection for sleep apnea is warranted as there is evidence of a current disability, in-service occurrence or aggravation of a disease or injury, and competent evidence of a nexus between an in-service injury or disease and the current disability. The Veteran's current sleep apnea is tenuously related to his service-connected depressive disorder.

The Board has determined that the Veteran's degenerative arthritis of the lumbosacral spine is etiologically related to his military service, and therefore grants service connection for this condition.

The Board denied the Veteran's claims for service connection for various conditions, finding that none were incurred or aggravated by his active military service and no presumption of exposure to herbicides applied.

The Board has determined that a VA examination is necessary to determine the etiology of the Veteran's hepatitis B, sciatica, sleep apnea, diabetes mellitus, type II, hypertension, and psychiatric disorder (depression).

The Veteran's degenerative disc disease of the lumbosacral spine warrants a 20 percent rating for the entire appeal period, as it meets the criteria for such under VA regulations. For anxiety disorder, an initial rating in excess of 30 percent is not warranted during the initial rating period from June 21, 2006 to August 23, 2009.

The Board has ordered additional development to verify the appellant's periods of ROTC, ACDUTRA and/or INACDUTRA service. The claims will be remanded for further review after the requested development is completed.

The Board has determined that the Veteran's insomnia had its onset in active service and is related to his military service. However, there is no evidence of a current disability due to sleep apnea having its onset during service or being otherwise related to service.

The Veteran's low back disability is currently rated at 40 percent, effective March 13, 1991. The claim for a separate evaluation for radiculopathy of the right lower extremity is granted.