Sleep apnea decisions — 2013

The Board denied service connection for the appellant's claimed low back disorder, left knee injury (torn meniscus), obstructive sleep apnea, irritable bowel syndrome, left ankle/tendon disorder, and right ankle/tendon disorder. The decision found that these conditions were not incurred or aggravated by active military service.

The Board denied the Veteran's claims of service connection for sleep apnea, low back disability, narcolepsy, and left knee disorder. The evidence did not support a finding that these conditions were incurred or aggravated by service.

The Board found that the Veteran did not have exposure to herbicides during his service, and thus could not establish presumptive service connection for MFS of the right thigh. The claim was denied as there is no direct evidence linking the current condition to his military service.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional development, including a VA examination and obtaining statements from his wife and in-service roommate. The Veteran also has pending issues regarding increased ratings for left shoulder tendonitis and service connection for esophagitis.

The Board has determined that the Veteran's sleep apnea is related to his service, and thus grants service connection for this condition.

The Board has remanded the case for additional development, including obtaining an addendum opinion from a VA examiner to address whether the Veteran's sleep apnea is caused by or aggravated by his service-connected diabetes mellitus and/or PTSD.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) was granted effective April 24, 2006. The criteria for TDIU were met as of that date due to the severity of his service-connected disabilities.

The Veteran's appeal is being remanded due to the need for additional development of his claims, including obtaining updated VA and private treatment records, as well as SSA disability records. The case will be returned to the Board after these developments.

The Board found that the Veteran's sleep apnea was not incurred in service and is unrelated to his diabetes, thus denying his claim for service connection.

The Board finds that the Veteran's obstructive sleep apnea (OSA) became manifest during his active service and has persisted since, warranting service connection.

The Veteran's service-connected lumbosacral strain is rated at 20 percent disabling, effective April 21, 2003.

The Veteran seeks service connection for degenerative disc disease of the lumbosacral spine, which she contends is related to her active duty service and/or a service-connected left knee disability. The case must be remanded to obtain additional development including obtaining dates of ACDUTRA/INACDUTRA for July 1992, obtaining SSA records, and providing an opinion on the etiology of the Veteran's spine disability.

The Veteran's service-connected lumbosacral muscle strain and associated radiculopathy have not met the criteria for higher disability evaluations.

The Board found that the Veteran's claimed eye disability, bilateral retinitis pigmentosa, did not pre-exist his active service and was not aggravated by service. As a result, the claim for direct service connection was denied.

The Board denied the Veteran's claim for an effective date earlier than March 1, 2009 for payment of additional compensation for his current spouse. The decision was based on the fact that notice of his marriage to his current spouse was not received at the RO within one year of their marriage or prior to February 10, 2009.

The Veteran's claim for a compensable rating for his status post laceration of the left wrist was denied as there is no evidence of nonlinear, deep, unstable, or painful scarring that adversely affects any function.,Service connection for sleep apnea was also denied as the competent and probative evidence does not support a finding that the Veteran's current disability is due to an undiagnosed illness or a medically unexplained chronic multi-symptom illness.

The Board found that the Veteran's lumbosacral disorder was not incurred or aggravated in service and denied his claim for service connection.

The Board has determined that the appellant did not require regular aid and attendance prior to June 12, 2009, as evidenced by her ability to care for herself based on VA examinations conducted in April 2004 and June 2009. The effective date of the award is therefore denied.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the nature and etiology of sleep apnea, bilateral cataracts, and peripheral neuropathy. The issues include service connection claims and increased rating claims.

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing before a member of the Board at the Los Angeles, California VA RO.