Sleep apnea decisions — 2012

The VA has granted an initial disability rating of 20 percent for the appellant's service-connected spondylosis with degenerative disc disease of the lumbosacral spine, effective July 29, 2003.

The Board has determined that additional development is needed to determine the etiology of the Veteran's lumbar spine disorder and sleep apnea, including considering his service in Kuwait and Iraq. The claims are being remanded for further action.

The Board denied service connection for a back disorder and paraplegia due to radiculopathy associated with lumbosacral spine disorder, finding that the Veteran's paraplegia was not caused by his service-connected condition.

The Board has reopened the Veteran's claim for service connection of a lumbosacral spine disability. The extension of temporary total rating based on left knee surgery is denied as the Veteran was not shown to be unable to work due to his left knee condition.

The Board has determined that a remand is necessary to obtain an opinion regarding whether the Veteran's sleep apnea was aggravated by his service-connected reactive airway disease (RAD).

The Board has reopened the Veteran's claims for service connection of left hip, left knee, and low back disorders. The next step is to determine if these conditions are secondary to his service-connected left ankle disorder.

The Veteran seeks TDIU based on his service-connected disabilities. The case is being remanded for further examination and consideration of the combined effect of all service-connected conditions.

The Veteran's lumbosacral spine disability was rated at 40 percent effective from May 7, 2009.

The Veteran claims that his current sleep apnea began during service. The VA has requested a medical examination to determine if there is a link between the Veteran's current condition and his military service.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Veteran's claim for a temporary total disability rating based on his January 2009 private surgery was denied because the surgery was performed to correct a nonservice-connected herniated disc disease, L4 and L5 back condition.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the current severity of the Veteran's lumbosacral spine disability. The claim will be readjudicated after these actions.

The Veteran's chronic sinusitis with allergic rhinitis is granted service connection. The issues of asthma and sleep apnea are remanded for further development.

The Veteran's appeal is remanded for additional development, including obtaining medical records and conducting an examination to assess the relationship between his sleep disorder (including obstructive sleep apnea) and his service-connected PTSD, diabetes mellitus, or ischemic heart disease.

The Board has remanded the case for additional development due to incomplete responses from VA examiners and an undelivered letter to the Veteran.

The Veteran's death was attributed to pneumonia aspiration and respiratory failure, with Alzheimer's disease listed as a significant condition. The Board found that the service-connected back disability did not cause or contribute substantially to his death.

The Veteran's service-connected disabilities do not render him unable to obtain and retain substantially gainful employment, thus his claim for TDIU is denied.

The Board has dismissed the appeal due to the appellant's withdrawal of all remaining issues on appeal.

The Board has determined that the Veteran does not have residuals of a head injury with equilibrium problems related to active military service. The claims for service connection for type 2 diabetes mellitus, prostate cancer (status post prostatectomy), and hypertension are denied as there is no evidence linking these conditions to service.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's current disability is at least as likely as not due to his military service. The other issues of service connection for arthritis of the left shoulder, acid reflux disease, and hepatitis C are being remanded for further development.