Sleep apnea decisions — 2013

The Veteran's appeal is remanded due to the need for additional examinations and development of records. The primary issues are a higher initial rating for his back disability and service connection for hypertension.

The Board has determined that additional medical opinion is necessary before adjudicating the claim for service connection for sleep apnea, as there are conflicting opinions regarding its etiology.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current sleep apnea is related to his service, specifically his time in Iraq during Operation Enduring Freedom (OEF).

The Veteran is seeking service connection for sleep apnea, which he claims is related to his now service-connected deviated nasal septum. The Board has ordered a remand due to the need for an opinion regarding direct service connection.

The Veteran's TDIU claim is granted as his service-connected disabilities, including depressive disorder not otherwise specified, pulmonary fibrosis, and degenerative joint disease and degenerative disc disease of the lumbosacral spine, meet the criteria for a total disability rating based on individual unemployability.

The Board found that there is no evidence to support the Veteran's claims for service connection for fibromyalgia and obstructive sleep apnea, both of which are presumed to be related to Agent Orange exposure. The appeals were denied.,The decision does not address other conditions or issues.

The Board has determined that a remand is necessary to obtain additional evidence and to schedule the Veteran for VA examinations to address his claims.

The Veteran withdrew his appeals for service connection for sleep apnea and high blood pressure prior to the Board's decision.

The Veteran has withdrawn his appeals for the issues of service connection for various conditions, including PTSD, sleep apnea, carpal tunnel syndrome, memory loss, and acid reflux disease.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a VA examination and additional medical records.

The Board denied the Veteran's claim for an earlier effective date for the award of a 20 percent rating for lumbosacral strain, finding that no increase in lumbosacral strain became factually ascertainable during the year preceding February 26, 2007.

The Board has determined that the Veteran's degenerative disc disease of the lumbosacral spine with rotary levoscoliosis is related to his military service and grants his claim for service connection.

The Board found that the Veteran's OSA pre-existed his active duty service and did not undergo a permanent increase in severity beyond its natural progression as a result of military service.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a spine examination to assess the severity of the Veteran's lumbar strain.

The Veteran's lumbar spine disability is currently rated at 20 percent, effective February 2000. The claim for headaches and hemorrhoids was denied.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a VA examination and medical opinion regarding the etiology of his current sleep apnea. The RO/AMC will also determine the Veteran's duty status during relevant periods.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during service and is related to his military service, granting him service connection.

The Veteran's lumbar strain is currently rated at 20 percent, effective September 27, 2010. The rating criteria have been met for this level of disability.

The Veteran's death was not caused by his service-connected disabilities, as the cause of death (cardio-pulmonary arrest and diabetes) were not present in service or within one year after discharge. The preponderance of evidence is against a finding that these conditions are related to service.

The Veteran's claim for a higher rating for lumbosacral strain from June 18, 2005 was denied. The Veteran also had a separate compensable rating for neurological complications associated with his lumbosacral strain and the issue of entitlement to TDIU remains pending.