Sleep apnea decisions — 2013

The Board has dismissed the appeal regarding service connection for sleep apnea as the Veteran withdrew his appeal prior to a decision being made. The claim for an initial evaluation in excess of 30 percent for PTSD remains on appeal.

The Veteran's appeal of service connection for a sinus disorder was withdrawn. The Board finds that the Veteran has sleep apnea that is likely traceable to his period of active duty service.

The Veteran's appeal is being REMANDED for additional development, including VA examinations and the provision of relevant medical records.

The Veteran's service connection claim for PTSD with depressive symptoms and sleep apnea is granted. The Veteran served in Iraq, experienced traumatic events, and has been diagnosed with PTSD. Sleep apnea is linked to his service due to reported symptoms since 1992.

The Board has determined that additional development is needed for the claims of entitlement to an increased rating for a right foot disability and entitlement to service connection for obstructive sleep apnea. Specifically, VA examinations are required to assess the current severity of the Veteran's right foot disability and determine whether his obstructive sleep apnea was caused or aggravated by his period of active duty service.

The Veteran is seeking a higher rating for his service connected sleep apnea and asthma, which were rated as 50 percent disabling. The case has been remanded due to the need for a current VA examination to assess the severity of these conditions.

The Board found that the Veteran's sleep apnea is not proximately due to, caused by, or aggravated by his service-connected left ankle disability, deep vein thrombosis and pulmonary embolism.

The Veteran's service-connected conditions do not prevent him from securing and maintaining substantially gainful employment.

The Board found that the Veteran's service prior to March 1, 2007 was under honorable conditions and is not a bar to VA benefits.

The Veteran's degenerative joint disease of the lumbosacral vertebrae does not meet the criteria for a higher evaluation, as it does not result in forward flexion of the thoracolumbar spine to 30 degrees or less; favorable ankylosis of the entire thoracolumbar spine; or, incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months.

The Veteran's chronic low back disability, diagnosed as lumbosacral disc disease with left-sided sciatica, had its onset during his active military service. The Board finds in favor of the Veteran and grants his claim for service connection.

The Veteran's TDIU claim is being remanded due to the need for further development of evidence regarding his specific learning disability and its impact on employment, as well as an assessment of the combined effect of his service-connected disabilities on his employability.

The Veteran's lumbosacral spine strain with sacroiliac disorder is manifested by limitation of thoracolumbar spine flexion greater than 30 degrees, but no ankylosis or peripheral neurologic disease. The criteria for an initial rating in excess of 20 percent are not met.

The Board denied the Veteran's claim of entitlement to service connection for sleep apnea, finding no current diagnosis and noting that it was not linked to his active military service.

The Veteran's claims for service connection were denied as the evidence did not establish a relationship between his current conditions and his military service, including herbicide exposure.

The Board has determined that additional development is necessary before the claims for service connection for sleep apnea and hypertension can be decided.

The Board has scheduled a Travel Board hearing for the Veteran. However, due to inclement weather and lack of transportation, the Veteran was unable to attend the previously scheduled hearing. The case is now being returned to the RO to reschedule the hearing.

The Veteran's claims for service connection and increased rating are being remanded due to the need for additional examinations, consideration of new evidence, and readjudication.

The Board has determined that the Veteran's current diagnosis of obstructive sleep apnea is related to his last period of active service, and thus grants service connection for this condition.

The Veteran's appeal of his claim for service connection for sleep apnea has been dismissed. The Board is remanding the issue of entitlement to an initial compensable rating for a left knee scar.