Sleep apnea decisions — 2012

The Veteran's service-connected disabilities, including lumbosacral strain, right knee arthritis, and chronic elbow bursitis, do not render him unable to secure or follow substantially gainful employment.

The Board has remanded the case due to inadequate examination and need for additional development, including obtaining VA treatment records and scheduling a respiratory disorders examination.

The Board has remanded the case for further development, including obtaining additional evidence and scheduling a VA examination. The Veteran's claim of service connection for sleep apnea remains denied.

The Board found that the Veteran's lung disorder other than asthma, claimed as World Trade Center cough, is not related to his active duty service and denied his claim for service connection.

The Board found that the Veteran's current lumbosacral spine disability is not related to his service-connected left knee disability and denied the claim.

The Board has determined that the Veteran's right shoulder disability is not due to or aggravated by his service-connected left shoulder disability. The claims for service connection for left kidney, adrenal gland, left testicle, and sleep apnea disabilities have been denied as there is no evidence of record supporting their etiology.

The Board has remanded the case due to the Veteran's request for a Travel Board hearing. Service connection claims are pending.

The Veteran's claim for service connection for a sleep disorder, including obstructive sleep apnea and hypopnea syndrome, is being remanded due to outstanding medical records and the need for an examination.

The Veteran's service connection claims for hearing loss, tinnitus, and sleep apnea have been granted. The claim for a higher rating for PTSD with stuttering and degenerative disc disease of the lumbar spine is pending. The TDIU issue remains unresolved.

The Board has remanded the Veteran's claims for service connection due to a recharacterization of his claim and additional development is required, including obtaining VA examination results and securing treatment records from Jamaica Hospital.

The Board denied the Veteran's claims for service connection for various conditions, including obesity, diabetes mellitus, hypertension, congestive heart failure, lung disability (to include lung cancer), eye disability, bilateral peripheral neuropathy of the lower extremities, bilateral lymphedema of the lower extremities, erectile dysfunction, and sleep apnea. The Board found that these conditions were not incurred or aggravated by active service nor proximately due to any exposure to toxic fumes or chemicals in service.

The Veteran's appeal is remanded due to his failure to report for a VA examination and the need for additional evidentiary development, including an orthopedic and neurologic evaluation of his service-connected lumbar spine disability.