Sleep apnea decisions — 2012

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional VA treatment records and a medical opinion regarding potential Agent Orange exposure.

The Veteran's degenerative joint disease of the lumbosacral spine is currently rated at 10 percent prior to November 8, 2010. The Board finds no evidence supporting a higher rating based on incapacitating episodes or under the General Rating Formula for Diseases and Injuries of the Spine.

The Board granted the Veteran's appeal and assigned a 30 percent disability rating for PTSD, effective from August 18, 2010. The earlier effective dates for service connection of PTSD and diabetes mellitus were also granted.

The Veteran's current sleep apnea is related to his active military service and the claim for service connection is granted.

The Veteran's lumbosacral strain with degenerative disc disease is rated at 20 percent for the period beginning May 31, 2011.

The Board has determined that the Veteran's bilateral hearing loss, headaches, insomnia, and sleep apnea are all service-connected as they began during his military service.

The Veteran's sleep apnea is found to be related to his military service, and the Board grants service connection for this condition.

The Veteran's service-connected lumbosacral strain and radiculopathy of the lower extremities have rendered him unable to secure or maintain substantially gainful employment, with all doubts resolved in his favor.

The Board found that the Veteran's posttraumatic stress disorder was not incurred in or aggravated by active military service, and his preexisting psychiatric disorder did not undergo a clinically identifiable permanent increase in severity during service. The chronic sleep disorder is also not shown to have been present in service.

The Veteran's claims for chronic low back disorder and sleep apnea were denied as there is no evidence of current diagnoses. The claim for kidney disorder was not addressed due to the lack of secondary service connection consideration.

The Veteran's low back disability is rated at 20 percent, and his left lower extremity radiculopathy is rated at 10 percent. The Board denied the claims for increased ratings and initial evaluations.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a VA examination and further development of the medical evidence.

The Board found that there is no evidence of sleep apnea during service and the Veteran's current diagnosis does not meet the criteria for service connection. The low back disability was rated at 10%.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional treatment records and a VA examination.

The Board is remanding the claims for additional development and adjudicative action due to concerns about due process, missing medical records, and incomplete SSA records.

The Veteran's appeal is being remanded to allow for further development, including a VA examination and consideration of the applicable rating criteria.

The Board has dismissed the appellant's appeal on his claim for service connection for urethritis as he withdrew his appeal prior to a decision being made.

The Veteran's service-connected disabilities, including sleep apnea, mood disorder due to chronic pain, and various musculoskeletal conditions, render him unable to secure or follow a substantially gainful occupation. The Board finds that he is entitled to a TDIU.

The Board has determined that there is an approximate balance of evidence supporting the Veteran's claim for service connection for sleep apnea, and thus grants her claim.

The Veteran's appeal is being remanded to the RO via the Appeals Management Center (AMC) in Washington, DC for additional development of his claims related to hypertension, asthma, and obstructive sleep apnea.