Sleep apnea decisions — 2013

The Veteran's claim for a higher rating for lumbosacral strain was denied, and the claim for an earlier effective date for TDIU was also denied.

The Veteran's appeal is being remanded due to unclear status of the service connection for obesity and inextricably intertwined issues with hypertension. The case will be returned to the Board after further development.

The Board denied the Veteran's claims for service connection for left ear hearing loss, skin disorder, sleep apnea, erectile dysfunction, diabetes mellitus, and hypertension. The issues were not fully addressed as some of them are related to existing conditions or have been previously adjudicated.

The Board denied all claims for service connection, finding that there was no evidence of a current disability or objective indications of chronic disability due to an undiagnosed illness related to service in the Persian Gulf War.

The Veteran's claims for service connection were denied as the evidence did not support a finding of in-service incurrence or aggravation of any claimed conditions, and no presumptive exposure to herbicide agents was established.

The Board has remanded the case for further development, including obtaining VA treatment records and a spine examination.

The Veteran's lumbosacral spine disability has been rated at 20 percent since October 1, 2005. The claim for a higher initial rating is denied.,Prior to August 23, 2012, the Veteran was not entitled to separate ratings for right and left lower extremity radiculopathy associated with his lumbosacral spine disability. Since that date, he has been rated at 10 percent each for these manifestations of his service-connected low back disability.,Effective August 23, 2012, the Veteran's right leg radiculopathy is rated as 10 percent disabling and his left leg radiculopathy is also rated as 10 percent disabling.

The Veteran's claim for service connection for left leg pain was denied due to failure to report for a scheduled VA examination. The claims for increased ratings of lumbosacral strain and bilateral ankle disabilities were not addressed as the appeal is limited to these issues.

The Board finds that the Veteran's current obstructive sleep apnea is not related to service or a service-connected disability, and therefore denies his claim for service connection.

The Veteran's low back disability is being remanded for additional development, including obtaining service treatment records and seeking medical opinions to determine the etiology of his current condition.

The Veteran's lumbosacral spine disability is rated at 40 percent, effective from May 1, 2002. The issue of entitlement to TDIU due to service-connected disabilities has been raised and addressed in the decision.

The Veteran's appeal involves claims for higher ratings for urticaria pigmentosa and a reopening of her claim for service connection for depression. The case is being remanded to obtain additional evidence, including Social Security Administration records and private treatment records.

The Board denied service connection for obstructive sleep apnea on a direct basis, finding that the condition was not related to any injury or disease in service and did not manifest within one year of separation.

The Board has determined that the Veteran's claimed disabilities, including back and neck injuries sustained during service, do not meet the criteria for service connection. The evidence does not establish a current disability or link to service.

The Veteran's claim for an increased evaluation for his service-connected lumbosacral strain with degenerative changes and intervertebral disc syndrome was denied. The RO found that the evidence did not show any incapacitating episodes due to the disability, which prevented a higher rating.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that it did not begin during or as a result of his military service. The issue of service connection for an acquired psychiatric disorder remains pending and is remanded.

The Veteran's service-connected ethmoid sinusitis and laryngitis have been rated appropriately at the current levels, with no need for higher ratings.

The Board has determined that the Veteran's back and neck disabilities are not related to his military service, and thus denied both claims.

The Veteran's appeal is being remanded for additional development, including a new VA examination and the provision of any relevant medical records.

The Veteran's request for service connection for sleep apnea has been remanded due to the need for a Travel Board hearing. The case will be returned to the RO after the hearing is scheduled.