Sleep apnea decisions — 2013

The Veteran's sleep apnea was not incurred in or aggravated by service. The Board found that the condition began after service and is more likely than not due to obesity, which developed post-service.

The Veteran seeks service connection for obstructive sleep apnea and hypertension. The Board finds that a VA examination is necessary to determine if these conditions are related to his periods of active duty or ACDUTRA.

The Board finds that the Veteran's obstructive sleep apnea was incurred during service and grants service connection for this condition.

The Veteran's claim for an increased evaluation for his service-connected degenerative disc disease of the lumbosacral spine is being remanded due to the need for a new VA examination to assess the current severity of his disability.

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

The Veteran's right knee disabilities are not rated higher than 10 percent and 20 percent, respectively.,The Veteran's lumbosacral spine disability is not rated higher than 10 percent.,Service connection for PTSD was denied.

The Veteran's claim for a higher rating for degenerative disc and joint disease of the lumbosacral spine was denied, as his disability did not meet or approximate the criteria for a schedular rating in excess of 20 percent. His bilateral hearing loss claim was also denied.

The Board has determined that additional development is needed to determine the precise dates of any period of Active Duty for Training (ACDUTRA) and active service, as well as to obtain relevant medical records. The Veteran's claims for service connection for type II diabetes mellitus and obstructive sleep apnea will be remanded for further action.

The Board has remanded the case due to inadequate examination and incomplete etiological analysis. The Veteran's sleep apnea is being requested to be evaluated again with a focus on whether it is related to his service-connected allergic rhinosinusitis or if there is aggravation of his sleep apnea by this condition.

The Veteran's service-connected disabilities do not render him unable to obtain and retain substantially gainful employment.

The Veteran's lumbosacral spine disorder was rated at 20 percent prior to February 12, 2009 and increased to 40 percent since July 1, 2009. The rating is mixed as some issues were granted while others were denied.

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

The Veteran's digestive tract disorder and sleep apnea were not found to be related to his military service. The digestive tract disorder was attributed to alcohol abuse, while the sleep apnea was considered a direct result of his military service.

The Board has determined that an effective date earlier than August 27, 2008 for the assignment of a 50 percent rating for service-connected obstructive sleep apnea is not warranted.

The Veteran's cervical and lumbar spine disabilities were evaluated, with the cervical strain receiving a 20% rating effective June 16, 2009. The lumbar strain was not rated as it did not meet criteria for any specific disability evaluation.

The September 2006 rating decision reducing the Veteran's disability rating for lumbosacral strain with degenerative changes to 10 percent was proper in light of the clear and unmistakable error (CUE) in the July 2004 rating decision, which applied outdated criteria. The appropriate procedural steps were followed.

The appeal has been withdrawn by the appellant before a decision was made.

The Veteran's claim for TDIU is being remanded due to the need for further development, including obtaining private and VA treatment records, and a VA examination.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional medical opinions regarding both direct and secondary service connection.

The Board has determined that the Veteran's degenerative arthritis of the lumbosacral spine is related to complaints of low back pain in service and grants service connection for this condition.