Sleep apnea decisions — 2013

The Board has remanded the case for additional development, including obtaining medical opinions regarding whether the Veteran's sleep apnea and hypertension are related to his service-connected PTSD or exposure to Agent Orange. The appeal is now pending again with the RO.

The Veteran's claim for increased ratings for his service-connected degenerative disc disease of the lumbosacral spine was granted, with a disability rating of 60 percent effective June 6, 2012. The previous rating of 20 percent prior to that date remains unchanged.

The Veteran's request for service connection for sleep apnea is being remanded due to his failure to report to a scheduled Travel Board hearing. He will be rescheduled for another hearing.

The Veteran's appeal is being remanded to the RO for further action, including scheduling a hearing before the Board at his current address.

The Board finds that an effective date of August 1, 2008, but no earlier, is warranted for the assignment of a 50 percent rating for sleep apnea based on evidence showing the Veteran underwent a CPAP titration study and was recommended to use a CPAP machine.

The Veteran's claims are being remanded due to incomplete service records. The missing records will be sought and associated with the claim file or, if not found, the Veteran will be advised of alternative sources.

The Board has granted service connection for obstructive sleep apnea and assigned a 10 percent evaluation. The Veteran's claim for increased rating for cervical spine disability is also granted.

The Board has remanded the Veteran's claim due to a need for updated VA treatment records from El Paso, Texas. The case will be adjudicated again after these records are obtained.

The Veteran's claims for increased ratings and TDIU were denied as her service-connected conditions did not warrant higher disability ratings.

The Veteran's claim for an increased rating for her low back disability is being remanded due to the need for a new VA examination to address her current orthopedic and neurologic manifestations, including urinary incontinence.

The Veteran withdrew his appeals on the issues of service connection for sleep apnea as secondary to diabetes mellitus, an initial evaluation in excess of 20 percent for diabetes mellitus, and increased rating for PTSD prior to July 9, 2012.

The Veteran seeks service connection for sleep apnea, which he claims is related to his military service or secondary to his service-connected PTSD. The Board finds that a remand is necessary to determine the etiology of the Veteran's sleep apnea and whether it is caused or aggravated by his service-connected PTSD.

The Veteran's appeal to reopen his service connection claim for retinosis pigmentosa and cataracts in each eye was dismissed due to the death of the Veteran during the pendency of the appeal.

The Board has remanded the Veteran's claims for additional development due to failure to report for VA examinations and to ensure proper notification of examination scheduling.

The Board has determined that the Veteran's hypertension and lumbosacral spine disorder were not incurred or aggravated during active duty service, and thus denied these claims.

The Veteran's claim for a TDIU is being remanded due to the need for extra-schedular consideration. The case will be referred to the Under Secretary for Benefits or Director of Compensation and Pension Service.

The Veteran's low back disorder is rated at the maximum allowable disability rating for limitation of motion. The left 3rd finger fracture has been rated at the maximum allowable disability rating for ankylosis or limitation of motion.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Board found that the Veteran's COPD, hypertension, and sleep apnea are not related to his military service. The claims were denied.

The Board has ordered additional development due to incomplete medical opinions and the need for further records. The Veteran's claim of service connection for a respiratory disorder, including OSA, is being remanded.