Sleep apnea decisions — 2013

The Board has remanded the claims for new medical opinions due to inadequate previous examination reports. The Veteran's service connection claims are pending.

The Veteran's claim for increased ratings for his service-connected lumbosacral strain with degenerative disc disease was denied. The RO granted a 40 percent rating effective from May 26, 2004.

The Board has determined that the Veteran's sleep apnea is service-connected, but his insomnia and restless leg syndrome are not. The bilateral knee disorder is secondary to a service-connected disability (Baker's cysts).

The Veteran's sleep apnea and restless leg syndrome are found to be related to his active military service.

The Board has granted service connection for T12 and L1 anterior compression fractures, reopening the claim of service connection for a low back disability. The Veteran's cervical spine disability is also service connected.

The Veteran withdrew his appeal for service connection of obstructive sleep apnea, and the Board has dismissed this issue.

The Veteran's appeal is being remanded due to the need for a new hearing before the Board of Veterans' Appeals.

The Board is remanding the case for additional development to obtain updated medical records and provide an opinion regarding whether the Veteran's current low back disability is related to service or his service-connected left knee disability.

The Board found no evidence of a current disability and concluded that the Veteran's sleep apnea is not related to his military service.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a VA examination to determine if his current condition may be related to his military service.

The Board has determined that the submitted evidence is not new and material, thus denying the Veteran's claim to reopen for a low back disability.

The Board has determined that the Veteran's sleep apnea, stasis dermatitis, obesity, and chronic venous insufficiency of the bilateral lower extremities are etiologically related to his service-connected diabetes mellitus, type II. As a result, these conditions have been granted service connection on a secondary basis.

The Veteran's appeal for service connection for residuals of a burn to the left forearm has been withdrawn. The remaining issues on appeal will be addressed in the remand portion.

The Board denied the Veteran's claims for service connection for lumbosacral strain and lumbar degenerative disc disease, finding that new and material evidence had not been received to reopen his previously denied claims.

The Board has granted service connection for obstructive sleep apnea and assigned a 30 percent evaluation. The Veteran's GERD, hypertension, and lumbar degenerative disc disease are not at issue in this decision.

The Board has determined that the Veteran's sleep apnea was incurred during military service and grants the claim for service connection.

The Veteran's claim for higher ratings for his lumbosacral strain and associated sciatic nerve disabilities has been denied. His current disability ratings are appropriate based on the severity of his symptoms as evaluated under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a VA examination and medical nexus opinion.

The Veteran's low back disability was rated at 20 percent prior to September 26, 2003 and granted a rating of 20 percent thereafter. The Board also found that the Veteran was entitled to TDIU from August 28, 2003 to February 4, 2004.

The Board denied the Veteran's claims of service connection for sleep apnea, osteoarthritis, Celiac disease, allergic rhinitis, immune deficiency, peripheral neuropathy, muscle disability, and skin disability. The Board found that these conditions were not incurred or aggravated by active duty service.