Sleep apnea decisions — 2013

The Veteran's low back disability, including thoracic levoscoliosis and degenerative joint disease, was not found to warrant a higher initial or subsequent rating.

The Veteran's service-connected disabilities combined to a 90% rating effective September 1, 2007. As his disability was permanent and total as of that date, he is eligible for Dependents' Educational Assistance (DEA) benefits.

The Board denied service connection for PTSD and obstructive sleep apnea, but granted a 40% rating for BPH from June 6, 2012. The Veteran's claim for TDIU remains pending.

The Veteran's appeal is being remanded to obtain additional medical records and for further examinations. The issues include service connection for various musculoskeletal conditions.

The Veteran's service-connected lumbosacral strain is currently rated at 40 percent, effective April 1, 2011. The rating for his right and left knee chondromalacia remains at 10 percent.

The Board has decided that the VA examination is inadequate and requires a new one to determine if the Veteran's sleep apnea is related to his military service.

The Board has granted the Veteran's request to reopen his claims for service connection for pes planus and a lumbosacral spine disability, finding that new and material evidence has been received. The case is now remanded for further development.

The Board has determined that additional development is needed for the Veteran's claims of service connection for sleep apnea and erectile dysfunction. The RO must obtain an addendum opinion addressing the etiology of his erectile dysfunction, to include as secondary to any prescribed medication, and a VA medical examination to determine whether any current sleep apnea is related to service or a service-connected disability.

The Veteran's appeal is remanded due to the need for additional evidence and a VA examination. The issue of entitlement to service connection for sleep apnea will be addressed.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected PTSD. The evidence is at least in equipoise that the Veteran's sleep apnea was permanently aggravated by his service-connected PTSD.

The Veteran's appeal was denied as his service connection claims for low back disorder, sleep apnea, hypertension, and respiratory disorder were not granted. His hearing loss disability was also found to be noncompensable.

The Veteran's claim for service connection for sleep apnea, which is claimed as secondary to his service-connected PTSD, has been remanded due to the need for an addendum VA examination and proper VCAA notice.

The Veteran's claim for an increased rating for his low back disability is being considered, along with the propriety of reducing his rating from 20 percent to 10 percent effective December 1, 2012. The appeal involves service connection on the merits and does not involve any presumption or exposure basis.

The Board has remanded the case for additional development due to incomplete compliance with previous remand instructions. The Veteran seeks service connection for obstructive sleep apnea, and a new VA examination is needed to determine if his condition had an onset during service or is otherwise related to his period of service.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine and associated radiculopathy have been rated at 20 percent, with separate ratings for right and left lower extremity radiculopathy. The appeal is denied as there are no additional factors warranting an extra-schedular rating.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and arranging for an orthopedic examination to determine the likely etiology of the Veteran's low back disability. The examiner must provide opinions on whether the Veteran's low back disability is related to service or her service-connected bilateral foot disabilities.

The Veteran's claimed conditions were not shown to be related to his military service, including exposure to herbicides. The Board denied the claims for service connection.

The Board has determined that sleep apnea did not have its onset during service and is not related to the Veteran's active military service. As a result, the claim for service connection for sleep apnea was denied.

The Veteran's service-connected disabilities meet the schedular criteria for a TDIU, and the evidence is at least in equipoise that he is unemployable due to his lumbar spine disability. Therefore, entitlement to a TDIU is granted.

The Veteran's claim for a higher initial evaluation for his service-connected lung disability to include emphysema, bronchial pneumonia, spontaneous pneumothorax, and residuals of thoracotomy was denied. The rating assigned is 30 percent effective from August 17, 2005.