Sleep apnea decisions — 2013

The Veteran's claims for sleep apnea, asthma, hypertension, skin cancer, knot on left leg (shin), and Meniere's disease were denied as they are not shown to be causally or etiologically related to his active duty service.

The Board found that the Veteran's obstructive sleep apnea, headaches, and shortness of breath were not incurred or aggravated in service and are not proximately due to his service-connected autoimmune disorder associated with Gulf War environmental exposure.

The Board has determined that the Veteran's diabetes mellitus does not warrant a rating in excess of 20 percent, and his other service-connected conditions do not meet the criteria for higher ratings under the applicable diagnostic codes.

The Veteran's left knee disability has been rated as noncompensable since the effective date of service connection. The RO granted a 10 percent rating for iliotibial band syndrome of the left knee, effective July 16, 2004.

The Board has remanded the case for further development, including a VA examination addendum to address the Veteran's reported history of interrupted breathing during sleep since service. The claim will be readjudicated based on all evidence.

The Veteran's low back disability is rated at 20 percent since March 28, 2006 and separate ratings of 20 percent are assigned for neurological dysfunction of the right and left lower extremities. The appeal remains pending as less than the maximum benefit available has been awarded.

The Veteran's claim for TDIU prior to November 17, 2010 is being remanded due to the need for referral to the Director of Compensation and Pension Services for extraschedular consideration.

The Board found that the increase in pre-existing retinitis pigmentosa during active service was due to its natural progression, and not attributable to service. The Veteran's PTSD claim remains pending as his rating has been increased to 100% effective February 13, 2013.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA examination to determine if any diagnosed respiratory disorder is related to active duty service or exposure to asbestos and/or ionizing radiation.

The Veteran's appeal is being remanded for additional development, including obtaining private medical records and updated VA treatment records. The case will be readjudicated based on the evidence.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and vocational rehabilitation documents. He needs to be provided with a proper VCAA notice letter addressing how to establish service connection on a secondary basis.

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

The Veteran's appeal for service connection for sleep apnea has been dismissed due to the death of the appellant.

The Veteran's low back disability was not manifested by forward flexion of the thoracolumbar spine limited to 60 degrees or less, limitation of the combined ranges of motion to 120 degrees or less, or muscle spasm or guarding severe enough to result in abnormal gait or abnormal spinal contour; incapacitating episodes were not shown. As a result, a rating in excess of 10 percent is not warranted for the Veteran's service-connected lumbosacral strain with postoperative stenosis.

The Veteran's service-connected chronic cough with rhinitis is found to be the cause of his current obstructive sleep apnea and reactive airway disease/asthma, thus granting secondary service connection for these conditions.

The Veteran's claims for increased ratings for lumbar radiculopathy of the left and right lower extremities, as well as degenerative disc disease of the lumbosacral spine, have been granted.

The Board found that there is no evidence to support a finding that the Veteran's low back disability other than chronic lumbosacral strain was incurred in or aggravated by active service or by a service-connected disability. As such, the claim for service connection was denied.

The Board has reopened the Veteran's claim for service connection of retinitis pigmentosa and finds that new evidence received since the final denial is sufficient to reopen the claim. The issue will now be reviewed on its merits.

The Veteran's service-connected joint pain due to undiagnosed illness is currently rated at the maximum schedular rating of 40 percent.,Service connection for degenerative disease of the lumbosacral spine and bilateral knee disabilities are granted as secondary to his service-connected joint pain.

The Veteran's appeal is being remanded for a Board hearing at the RO.