Sleep apnea decisions — 2013

The appellant's combined rating is 70 percent with one disabilities rated at 50 percent. The objective and credible medical and other evidence of record preponderates against a finding that the appellant is permanently and totally disabled due to his non-service-connected disabilities.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling VA examinations. The Veteran's claims of service connection for right ear hearing loss, sleep apnea, and PTSD are on appeal.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for examinations to address his claims of service connection for sleep apnea and dermatitis.

The Veteran is seeking service connection for a lumbosacral strain, including as secondary to his service-connected right knee disability. The Board has also remanded the issue of entitlement to a total rating based on individual unemployability (TDIU).

The Veteran's claim for an increased evaluation of his lumbosacral strain with post-operative herniated disc repair at L5-7 and degenerative disc disease was denied. The current rating is 20 percent, effective from September 23, 2008.

The Veteran's service-connected disabilities alone are not of such nature and severity as to prevent him from securing or following any substantially gainful employment.

The Board has remanded the case for further development, including obtaining an addendum opinion from a VA examiner to address whether the Veteran's service-connected Bell's palsy aggravated his nonservice-connected obstructive sleep apnea.

The Board found that the Veteran's sleep apnea was not incurred in or aggravated by military service and is not related to a service-connected disorder.

The Veteran's service-connected degenerative joint disease of the thoracic and lumbosacral spine is not shown to be manifested by unfavorable ankylosis or intervertebral disc syndrome, so his claim for a higher rating is denied.

The Veteran requested withdrawal of his appeal for the issues related to scars on the head, PTSD, bilateral hearing loss, sleep apnea, traumatic brain injury, melanoma and dental condition.

The Board found no evidence of a skin or foot disability in service, and the Veteran's current conditions are not related to his military service. The left knee condition is also not linked to service.

The Veteran's lumbosacral spine disability was evaluated at 40 percent prior to May 12, 2011. The initial evaluation for left lower extremity radiculopathy was also granted at 10 percent.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected lumbosacral strain and pulmonary tuberculosis, inactive with associated bronchiectasis of the right upper lobe.

The Board denied the Veteran's claim for service connection for low back disability, finding that there was no evidence of a chronic condition in service and insufficient medical opinion to establish a link between current symptoms and service.

The Board has determined that the VA examination provided in January 2013 was inadequate for purposes of determining service connection. The Veteran's claim is being remanded to afford him another VA examination and opinion.

The Veteran has been granted service connection for sleep apnea syndrome, which had its onset during active duty.

The Board has granted service connection for sleep apnea and found that the Veteran's current diagnosis is related to his military service. The earlier effective date claim for pituitary gland disability was denied as a matter of law.

The Board has determined that the Veteran's sleep apnea is related to his military service and granted service connection for this condition. The issues of a rating in excess of 10 percent for restrictive airway disease and TDIU have been remanded.

The Veteran's service-connected obstructive sleep apnea was found to meet the criteria for a 30 percent disability rating from April 6, 2007, to December 20, 2010.

The Board has granted service connection for sleep apnea, hypertension, and chronic kidney disease. The evidence supports the Veteran's claims of in-service symptoms that led to current disabilities.