Sleep apnea decisions — 2012

The Board has remanded the case for additional development, including obtaining an adequate medical opinion regarding the etiology of the Veteran's sleep apnea and whether it is aggravated by his service-connected PTSD.

The Veteran's lumbosacral strain, L5-S1 bulging disc, and osteopenia are currently rated at 40 percent. The cervical spine disorder claim is denied as there is no evidence of a current disability or etiology related to service.

The Board has decided to remand the Veteran's claims for additional development, including obtaining service treatment records and verifying periods of active duty service. The Veteran will be scheduled for VA examinations to determine if his current conditions are related to military service.

The Board found that the reduction of the Veteran's disability rating from 100% to separate ratings of 10% for muscle injury and 40% for chronic fatigue syndrome was proper.

The Veteran's appeal is being remanded for further development on the issue of entitlement to a total disability evaluation based on individual unemployability (TDIU).

The Board has reopened the Veteran's claim of entitlement to service connection for a low back disability and granted it, finding that new evidence submitted since the last denial raises a reasonable possibility of substantiating the claim.

The Veteran's claim for service connection for sleep apnea is being remanded due to incomplete information about his dates of service and the need for a VA examination.

The Board has granted service connection for sleep apnea, headaches, and muscle aches, all of which are secondary to the Veteran's service-connected PTSD. The rating assigned is 70 percent.

The Veteran's fatal conditions were not service-connected, and the Board found that none of his service-connected disabilities caused or contributed to his death.

The Veteran's sleep apnea and COPD are found to be aggravated by his service-connected PTSD, warranting service connection for these conditions.,Service connection is granted for the Veteran's sleep apnea and COPD due to their aggravation by his service-connected PTSD.

The Board has granted service connection for sleep apnea and assigned a 20 percent disability rating. The Veteran's cervical spine disability is rated at 20 percent, effective from the date of the grant of service connection.

The Veteran's claims for service connection for sleep apnea and kidney disease are being remanded due to the need for additional development of his medical records.

The Board has reopened the Veteran's claim for service connection for sleep apnea and granted it, finding that there is at least a reasonable doubt as to whether his current condition was incurred in service.

The Veteran's claim for a TDIU remains on appeal due to the need for further examination and opinion regarding his service-connected disabilities. The RO is instructed to arrange for a VA mental disorders examination, obtain any additional evidence, and readjudicate the claim.

The Veteran's service-connected lumbosacral strain and well-healed scar on the lip did not meet the schedular requirements for a total disability evaluation based on individual unemployability due to service connected disorders prior to October 25, 2006.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's claim for an increased evaluation for diabetes mellitus is being remanded. Additionally, the claims for service connection of hypertension, peripheral neuropathy, retinopathy, and sleep apnea are also being remanded.,The Veteran seeks service connection for hypertension, peripheral neuropathy, retinopathy, and sleep apnea as secondary to his service-connected diabetes mellitus. The skin disability claim is also being remanded due to the need for a VA examination.

The Board is remanding the case to obtain additional evidence and determine whether new and material evidence has been submitted to reopen a claim for service connection for lumbosacral strain with sacrilization L5.

The Board found that the reduction in evaluation from 20 to 10 percent for service-connected lumbosacral strain, effective May 1, 2009 was not proper. The claim for an increased rating of more than 20 percent for lumbosacral strain was also denied.

The Veteran's service-connected disabilities are deemed to prevent him from obtaining or maintaining any form of substantially gainful employment consistent with his education and occupational background.