Sleep apnea decisions — 2013

The Veteran's appeal is being remanded to accommodate his request for a Travel Board hearing at the RO.

The Board has remanded the case for further development, including obtaining a VA spine examination of the Veteran's lumbar spine disability and providing medical nexus opinions. The cervical spine issue remains before the Board.

The Veteran's claim for an initial rating in excess of 40 percent for a lumbosacral strain was granted, and the effective date for service connection was set at September 26, 2006. The earlier effective date request for prior to September 26, 2000, for the grant of service connection for lumbosacral strain was also granted.

The Veteran withdrew his appeal for service connection claims for sleep apnea, bilateral hearing loss, and a liver condition before the Board could issue a decision.

The Veteran's claim for an increased rating for his low back disability was denied. The Board found that the evidence did not show forward flexion limited to 30 degrees or less, and thus a higher rating is not warranted.,The Veteran's request to reopen his service connection claim for action tremor (claimed as neurological condition causing uncontrollable shaking) has been granted.

The appeal has been withdrawn by the appellant's authorized representative before a decision was made.

The Board denied the Veteran's claims for service connection for a respiratory disorder, including asthma and obstructive sleep apnea. The claim for diabetes mellitus was also denied. The Veteran's recurrent left tibia fractures were rated as 10 percent disabling.

The Board has determined that the Veteran does not have any service-connected disabilities, and therefore cannot establish service connection for his claimed conditions.

The Veteran's claim for an earlier effective date for the award of service connection for osteoarthritic changes of the lumbosacral spine has been granted.,The Veteran's claim for an earlier effective date for the grant of a TDIU rating is pending and will be addressed in the REMAND portion.

The Board has remanded the case for additional development, including a VA examination to determine the nature and extent of the service-connected scarring associated with dermatofibrosarcoma protuberance. The appeal is now pending again.

The Veteran's gastrointestinal problems, sleep apnea, skin rash, and headaches are not service-connected due to lack of evidence supporting their onset or connection to active duty.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board found that there is no evidence of an in-service injury or disease related to obstructive sleep apnea, and thus denied the Veteran's claim for service connection.

The Veteran's claims for service connection for a right eye disorder, sleep apnea, and hearing loss in the right ear were denied. The Board found that there was no evidence linking any current diagnoses to military service.

The Board has determined that the Veteran's right shoulder disability, manifested by crepitus, deformity, pain, incoordination, and limited motion to 90 degrees of flexion, 90 degrees of abduction, 60 degrees of internal rotation, and 50 degrees of external rotation, does not warrant a rating in excess of the currently assigned 20 percent.

The Board denied the Veteran's claims of service connection for depression and sleep apnea, finding no evidence to support these conditions as being related to his military service.

The Veteran's service-connected disabilities, including sleep apnea and cardiomyopathy, did not render him unable to obtain or maintain substantially gainful employment from October 3, 2007 to September 30, 2010.

The Veteran's lumbosacral spine disability is currently rated at 40 percent, effective June 6, 2008. The claim for a higher rating remains denied.

The Board has determined that the Veteran's sleep apnea was not incurred in or aggravated by active service and denied his claim. The increased rating for bilateral pes planus is being remanded as it involves a recent examination.

The Veteran has withdrawn his appeals, and all issues are dismissed.