Sleep apnea decisions — 2012

The Board has remanded the pension and TDIU claims for additional development, including obtaining VA treatment records and Social Security Administration (SSA) records. The Veteran's service-connected hepatitis C is not considered in determining his eligibility for pension benefits.

The Board denied the Veteran's claim to reopen his previously denied service connection for sleep apnea, finding that he did not submit new and material evidence.

The Veteran's lumbosacral strain is currently rated at 10 percent, and a separate 10 percent rating for right lower extremity neurological impairment due to the condition was granted effective December 23, 2005. The claim for an increased rating remains denied.

The Board found that the Veteran's sleep apnea disorder was not incurred in or aggravated by service, and thus denied his claim.

The Board has determined that the Veteran's diagnosed arthritis of the cervical spine and lumbosacral spine are not related to his service-connected degenerative arthritis of the left ankle, and thus, does not meet the criteria for service connection.

The Board has determined that the Veteran's sleep apnea is related to service, and therefore grants service connection for this condition.

The Board found that the Veteran's respiratory conditions, including asthma and obstructive sleep apnea, were not incurred in service or due to exposure to Agent Orange or asbestos. The benign pulmonary nodules were also unrelated to service.

The Veteran's lumbar spine disability is currently rated as noncompensably disabling prior to February 15, 2008 and 10 percent thereafter. The claim for an increased evaluation remains before the Board.

The Veteran's skin rash, diagnosed as seborrheic dermatitis involving the chest, face, and scalp with rosacea overlap and folliculitis on the lower abdomen and medial thighs, is considered to be causally related to his active military service. The Board finds that all requirements for service connection are met.

The Veteran's low back disability is currently rated at 20 percent, which does not meet the criteria for a higher rating as his flexion limitation is less than or equal to 79 degrees.

The Veteran's claim for an increased evaluation for his service-connected lumbosacral strain is being remanded due to the need for additional development, including a VA examination and review of treatment records.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain with mechanical back pain, L5 disc bulging and limitation of motion was granted. The effective date is set at February 11, 2000.

The Board has granted service connection for hypertension, finding that the Veteran's diagnosis and treatment of hypertension occurred shortly after discharge from active service. Service connection was denied for sleep apnea due to lack of radiation exposure in service.

The Board has determined that additional development is needed before the Veteran's claim of entitlement to service connection for sleep apnea can be decided. The Veteran asserts that her sleep apnea was caused by her service-connected narcolepsy.

The Board found that the Veteran did not have a chronic sleep apnea disorder during service and has not experienced continuous symptoms since service separation. The current sleep apnea was not related to service.

The Board has determined that the Veteran does not have a current hearing loss disability for VA purposes and his tinnitus is not related to service. As such, the claims for service connection for bilateral hearing loss and tinnitus are denied.

The Board denied the Veteran's claims for increased ratings for his service-connected residuals of a gunshot wound of the left heel and lumbosacral strain, finding that they did not meet the criteria for higher ratings under VA rating criteria.

The Board has determined that the Veteran's diabetes mellitus, type II and obstructive sleep apnea are not related to his military service.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected posttraumatic stress disorder, finding that the evidence is in equipoise and resolving all reasonable doubt in favor of the Veteran.

The Veteran's claims for service connection for various conditions, including low back strain and rheumatoid arthritis, have been denied. The Board found that the evidence did not support a finding of service connection based on direct service incurrence or aggravation.