Sleep apnea decisions — 2012

The Veteran's appeal is being remanded for additional examinations and opinions to determine the current severity of his service-connected lumbosacral strain, as well as whether he was unemployable prior to May 19, 2011.

The Board has remanded the case for additional development and examination, including a VA examination to determine the etiology of the Veteran's erectile dysfunction, obstructive sleep apnea, gastrointestinal disorder, and major depressive disorder. The claims are being returned to the RO/AMC for readjudication.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance or housebound status is being remanded due to a lack of recent VA examination considering all service-connected disabilities.

The Veteran's claim for service connection for obstructive sleep apnea-hypopnea syndrome is being remanded due to the need for a VA examination and medical opinion. The Veteran has provided lay statements attesting to his sleeping problems during military service, which may be related to his current condition.

The Board has determined that the Veteran does not have a current disability for any of the claimed conditions and there is no evidence linking these conditions to service or a service-connected condition. As such, the claims are denied.

The Veteran's lumbosacral strain, right hip osteoarthritis, and right shoulder injury disabilities are currently rated at 10 percent each. The Board finds that the current evaluations adequately reflect the severity of these conditions.

The Board found no evidence to support service connection for a lumbosacral spine disability or GERD, concluding that the Veteran's current conditions are not related to his military service.

The Veteran's claim for separate evaluations for obstructive sleep apnea and asthma was denied as the disabilities are rated under different diagnostic codes that cannot be combined.

The Board has remanded the case for additional development, including obtaining supporting documents from a physician and arranging for a VA examination to address the etiology of the Veteran's sleep apnea.

The Veteran's appeal is being remanded for scheduling a new Board hearing before a Veterans Law Judge at the RO by videoconference.

The Veteran's appeal for service connection and increased rating claims have been dismissed due to the improper characterization of her issues. The Board does not have jurisdiction over these matters.

The Veteran's TBI, sleep apnea, and left ear hearing loss have been granted service connection. The effective date is not specified.

The Veteran's sleep apnea is not service-connected as it did not manifest during service and there is no evidence of a nexus to service.,Hypertension, diagnosed more than one year after separation from service, was not shown to be related to service or a service-connected disability. It is presumed to have been incurred due to peacetime service after December 31, 1946.,The Veteran's chronic respiratory disorder is not service-connected as there is no evidence of a nexus between the condition and service.

The Veteran's service-connected lumbosacral strain and right lower extremity radiculopathy were evaluated at 10% and 20%, respectively. The RO increased the evaluation for right lower extremity radiculopathy to 20%.

The Board denied a separate compensable rating for objective neurological abnormalities associated with the Veteran's service-connected lumbosacral spine disability.

The Board has determined that the Veteran does not have COPD, sleep apnea, or calcified hilar nodes that manifested in service or for years following service discharge. The VA physician's opinion based on a CT scan is more probative than the private physician's opinion regarding asbestosis.

The Veteran's lumbosacral disc disease warrants staged ratings of 20 percent prior to October 2, 2006; and 40 percent (but no higher) from that date.

The Veteran's appeal is remanded for further development, including an in-person VA psychiatric examination to determine the nature and etiology of his psychiatric disorders, and a review of service personnel records to verify any claimed stressors. The issue of whether new and material evidence has been received to reopen a claim for obstructive sleep apnea must also be addressed.

The Board has remanded the case for further development and consideration, including obtaining VA treatment records, scheduling appropriate examinations, and considering revisions to the PTSD criteria. The Veteran's claims for service connection will be reconsidered based on the new evidence and information.

The Board has determined that the Veteran's claimed conditions, including cardiac disease and cervical spine disorders, are not service-connected as they were first shown decades after military service and are unrelated to any incident during active service. The claims for secondary service connection have also been denied.