Sleep apnea decisions — 2013

The Board found that the Veteran's obstructive sleep apnea was aggravated by his service-connected PTSD, and granted service connection for this condition.

The Veteran's appeal is being remanded for further development, including obtaining VA and private treatment records, arranging for a sleep apnea examination, and scheduling an appropriate back disability and right thigh nerve examination.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions regarding the severity of his service-connected lumbosacral strain and the etiology of his erectile dysfunction.

The Veteran's appeal is remanded for further development, including obtaining VA and private medical records, a new VA examination to assess the current severity of his service-connected depression and PTSD, and an opinion on whether his sleep apnea is caused or worsened by his service-connected conditions.

The Board has dismissed the appeal due to the appellant's withdrawal of the claim.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional development, including an addendum to a VA examination and consideration of all relevant medical evidence.

The Veteran's service-connected lumbar spine disability is currently manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees prior to October 31, 2012, and by forward flexion of 30 degrees or less thereafter. The RO granted a 20 percent rating for this disability as of October 30, 2001.

The Board has canceled two hearings scheduled for the Veteran and has now requested a video conference hearing due to the appellant's request. The appeal is being remanded.

The Board found that the Veteran's current low back disability was not incurred in or aggravated by active military service and may not be presumed to have been incurred in service.

The Veteran's claim for an increased rating for his service-connected degenerative changes of the lumbosacral spine was granted, with a current evaluation of 20 percent. The effective date for this grant is set at October 31, 2007.

The Veteran's claim for increased ratings for his lumbosacral strain with degenerative disc disease is being remanded to obtain additional VA treatment records and ensure compliance with the duty to assist.

The Board has determined that the Veteran's sleep apnea did not begin in service and is not related to his service-connected hypertension. Therefore, service connection for sleep apnea is denied.

The Board found that the Veteran's claimed thoracic or lumbosacral spine disorder, cervical spine disorder, right knee disorder, and left hand disorder are not related to service. The claims were denied as there is no evidence of a chronic condition in service or within one year after service.

The Veteran's initial claim for a higher rating for lumbosacral strain was denied, with the RO granting an increased rating to 20 percent effective June 10, 2009.,The Veteran's claim for a higher rating for right lower extremity radiculopathy associated with his service-connected lumbosacral strain was also denied.

The Veteran's claims for service connection for sleep apnea and bunion deformity over the first MTP joint of both feet have been granted. The issues regarding whether new and material evidence has been submitted to reopen claims for bilateral hearing loss and a dental disability are remanded.

The Veteran's claim for a total disability rating based on individual unemployability is being remanded due to insufficient evidence regarding whether her service-connected disabilities render her unable to work.

The Veteran's claim for a higher rating for lumbosacral strain is being remanded due to the need for further development, including a VA examination.

The Board has vacated its decision on the claims to reopen service connection for various knee and spine disabilities, as well as chronic venous insufficiency of the lower extremities. The new evidence presented since previous decisions relates to an unestablished fact necessary to substantiate these claims.,The Veteran's claim for service connection is being remanded due to the need for further development on the diabetes mellitus claim.

The Veteran's case is being remanded for a Travel Board hearing. The issues of whether new and material evidence has been received to reopen his claim for service connection for residuals of coccidioidomycosis, entitlement to an increased rating for lumbosacral strain, and entitlement to an increased rating for prolapsed intestinal cord status postoperative hemorrhoidectomy are pending.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination to address his TDIU claim and issuing a supplemental SOC on the issues of increased ratings and service connection.