Sleep apnea decisions — 2012

The Board has granted service connection for obstructive sleep apnea, restless leg syndrome, and hypertension. The remaining claims of entitlement to service connection for residuals of an injury to the rib cage are denied.

The Board denied an earlier effective date for the grant of service connection for obstructive sleep apnea, finding that the earliest effective date is March 14, 2007.

The Board has determined that the Veteran's current sleep apnea is likely due to his service, and thus grants service connection for this condition.

The Veteran's son, M, was born in September 1990 and attained the age of 18 in September 2008. At that time, he had mental and physical defects rendering him permanently incapable of self-support.

The Board has determined that additional development is needed to consider the Veteran's claims for service connection for sleep apnea and depression, as well as whether these conditions are secondary to his service-connected cervical spine disability or a deviated nasal septum. The case will be remanded for further examination and analysis.

The Veteran's claim for a TDIU has been remanded due to the need for additional VA treatment records, SSA records, and further extraschedular consideration.

The Board has determined that the Veteran's currently diagnosed sleep apnea had its onset in active service and granted his claim for service connection.

The Veteran's obstructive sleep apnea was found to have onset during service, meeting the criteria for service connection.

The Veteran's lumbosacral strain and radiculopathy of the left lower extremity are currently rated at 40 percent, effective from February 8, 2010. The Board finds that a higher rating is not warranted for these conditions.

The Board found that the Veteran's obstructive sleep apnea was not incurred in or aggravated by active service and is not related to his service-connected residuals of a fractured nose. The rating for residuals of a fractured nose with obstructive breathing remains unchanged as it does not meet the schedular criteria for a compensable rating.

The Veteran's claims for service connection for CAD and sleep apnea were denied. The Board found that the Veteran's CAD did not originate during his active military service, or within one year of his discharge, and is not otherwise shown to be causally related or attributable to his service. His sleep apnea also was not incurred or aggravated in service and is not secondary to a service-connected disability.

The Veteran's lumbosacral strain with traumatic arthritis was granted a 20 percent disability rating effective May 18, 2009. The initial compensable and subsequent increased ratings for left lower extremity radiculopathy were also granted.

The Board has granted service connection for lumbosacral strain and found that the Veteran's current disability is related to her military service. The remaining claims of entitlement to increased evaluations for bipolar disorder, uterine disability, headaches, and asthma are remanded for further development.

The Veteran's appeals for service connection on the issues of bilateral knee disorder, bilateral leg disorder, and fainting have been dismissed as he has withdrawn his appeal regarding these claims.

The Board finds that the Veteran's current obstructive sleep apnea is related to active service and grants service connection for this condition.

The Board has ordered additional development due to the loss of original service treatment records and seeks to verify the Veteran's claims regarding his broken nose and subsequent medical history.

The Veteran's claims for increased ratings for degenerative disc disease of the lumbosacral spine, right and left lower extremity radiculopathy were denied as his conditions did not warrant a higher rating under the applicable criteria.

The Board denied service connection for all claimed conditions, finding no evidence of a nexus between the Veteran's current disabilities and his military service.

The Veteran's lumbar spine disability was granted a higher rating of 40 percent effective May 13, 2010 for the period beginning on that date. The earlier periods remain unchanged.

The Veteran's appeal has been withdrawn regarding the issue of dental disorder. The Board finds that multiple joint and muscle pain, urethritis, prostatitis, chronic sinusitis, conjunctivitis, dry eye syndrome, night sweats (due to Reiter's syndrome or sarcoidosis), respiratory problems (sarcoidosis), blood in stools/hemorrhoids, and short term memory loss are all part of his service-connected Reiter's syndrome. The Veteran's right heel spur residuals do not meet the criteria for a higher evaluation. His sarcoidosis does not meet the criteria for a compensable evaluation.