Sleep apnea decisions — 2012

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining gainful employment, as determined by the March 2011 Board decision. However, a new VA examination is required to determine if his service-connected disabilities would preclude him from engaging in substantially gainful employment.

The Veteran's claims for service connection for residuals of a traumatic brain injury and sleep apnea, as well as his claim for TDIU, have been dismissed due to the death of the Veteran.

The Veteran's claim for an extension of the delimiting date and retroactive award of educational assistance benefits was denied as he did not meet the eligibility criteria due to his completion of the apprenticeship program in carpentry.

The Veteran's service-connected lumbar spine DDD and DJD have not resulted in forward flexion of the thoracolumbar spine less than 30 degrees, ankylosis, or incapacitating episodes. Therefore, his claim for a higher initial evaluation is denied.

The Veteran's lumbosacral strain with residuals is currently rated at 10 percent, and the Board finds that this rating adequately reflects his disability level and symptomatology.

The Veteran's appeal for service connection for sleep apnea was withdrawn prior to the Board making a decision. The remaining issues of increased evaluations for back disability, gastroesophageal reflux disease, and hemorrhoids are remanded for further development.

The Board has remanded the case due to the Veteran's request for a videoconference hearing before a Veterans Law Judge. The appeal is not ready for further action.

The Veteran's lumbosacral strain, left tibia and fibula fracture, and left hip disability are currently rated at the maximum available rating of 20 percent. The Board finds that these conditions do not warrant a higher evaluation.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for spine and neurological examinations to determine the current severity of his service-connected back disability.

The Veteran's low back disability is currently rated at 40 percent effective June 16, 2009. The rating reflects the current severity of his service-connected condition.

The Veteran has been granted service connection for sleep apnea, which the Board finds is related to his military service.

The Veteran's claims for an increased rating for her lumbar spine disability and a TDIU are being remanded due to the need for additional development, including obtaining SSA records and arranging for a VA examination.

The Veteran's service-connected lumbosacral strain and discogenic disease of the lumbar spine have been rated at 40 percent since March 20, 2008. The effective date for this rating is March 20, 2008.

The Veteran's low back disability and sciatica are not service-connected, but his right sacroiliac joint dysfunction is rated at 10%.

The Board has determined that additional development is needed to clarify the nature and etiology of the Veteran's claimed respiratory disorder, including sarcoidosis and obstructive sleep apnea. The case will be remanded for further action.

The Veteran's service-connected low back disability has been productive of incapacitating episodes over the past year, warranting a 60 percent evaluation effective October 6, 2006.

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

The Veteran is seeking compensation for lumbosacral radiculopathy under 38 U.S.C.A. � 1151 based on VA treatment in May 2007, but the claim must be remanded due to incomplete development.

The Board found that the Veteran's herniated nucleus pulposa was not incurred in service and is not proximately due to or the result of his service-connected degenerative arthritis of the lumbosacral and thoracic spine.

The Board has decided to remand the case for additional development, including obtaining a medical opinion regarding whether the Veteran's sleep apnea is aggravated by his service-connected diabetes mellitus and/or PTSD.