Sleep apnea decisions — 2012

The Board has determined that additional evidence is needed to fully and correctly adjudicate the Veteran's claims, including verification of his periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA), as well as obtaining any outstanding medical records. The case is therefore being REMANDED.

The Veteran's appeal for earlier effective dates and service connection was denied. The RO granted service connection for degenerative arthritis of the lumbosacral spine with a 40 percent rating, and GERD with a 30 percent rating, both effective January 8, 2010.

The Board denied the Veteran's claims for an increased rating for his service-connected back disability and for an earlier effective date for a 50 percent rating for obstructive sleep apnea. The Board found that there was no evidence showing that the Veteran's obstructive sleep apnea warranted a 50% rating prior to August 10, 2009.

The Veteran's hypertension and left ventricular hypertrophy were found to be rated at the maximum allowable under VA regulations. The Board denied service connection for sleep apnea as secondary to his service-connected conditions, including hypertension.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess his employability due to service-connected disabilities and the collection of outstanding medical records.

The Board has granted service connection for tinnitus, low back pain/lumbago, and GERD/hiatel hernia status post surgery. The Veteran's GERD is currently rated at the maximum schedular rating of 60 percent.

The Veteran's lumbosacral paraspinal tendonitis was not found to meet the criteria for a higher rating, as his range of motion did not warrant an evaluation in excess of 10 percent.

The Board has restored service connection for sleep apnea and bilateral Meibomian gland disease, effective August 1, 2009, finding that the original decisions were not clearly erroneous.

The Board has remanded the case due to incomplete information provided by the appellant and her son regarding the Veteran's service, exposure history, and potential causes of death.

The Veteran's lumbosacral strain was granted a compensable evaluation prior to February 24, 2009 and increased to 10 percent from that date. The claim for an increase beyond this rating is denied.

The Veteran does not have sleep apnea that is causally related to his period of military service and the claim for service connection is denied.

The Board found that the Veteran's sleep apnea is not proximately due to or aggravated by his service-connected major depression, including medication used to treat depression.

The Veteran's obstructive sleep apnea is being reviewed for possible service connection as secondary to his service-connected anxiety disorder and right knee degenerative joint disease. The Board has determined that additional development, including obtaining updated medical records and an opinion regarding the relationship between the Veteran's conditions, is necessary.

The Veteran's lung disorder, including chronic bronchitis and obstructive sleep apnea, is being remanded for further examination to determine its relationship to his active duty service.

The Board has remanded the Veteran's claims for additional development due to incomplete medical records and the need for a VA examination.

The Board has granted service connection for the claimed conditions, including as secondary to radiation exposure. The Veteran's claims are supported by medical evidence and his own statements.

The Board denied the Veteran's claims of service connection for PTSD, an acquired psychiatric disability including major depressive disorder and depression, diabetes mellitus, type II, and obstructive sleep apnea. The Board found that there was no evidence to support a diagnosis of PTSD due to in-service stressors or exposure to herbicides. Service treatment records did not show any mental health issues during service, and the Veteran's psychiatric state at separation was normal.

The Veteran's sleep apnea, left knee disorder and cervical spine disorder are all found to be related to his active duty service.,Service connection is granted for these conditions.

The Board has determined that the Veteran's sleep disorder, including obstructive sleep apnea, was not incurred in or aggravated by service and is not caused or aggravated by any service-connected disability.

The Board has decided to remand the case for further development due to incomplete service records and requests for additional evidence.