Sleep apnea decisions — 2013

The Board has granted the Veteran's claim for service connection for an eye disorder. The remaining issues of spine, shoulder, knee, and hemorrhoids disorders will be addressed through further examination and analysis.

The Board found that the Veteran's sleep apnea did not manifest during active military service and is not otherwise related to a disease, injury, or event during service. Therefore, the claim for service connection for sleep apnea was denied.

The Board has determined that additional development is needed to obtain service treatment records and verify the Veteran's periods of active duty, as well as to provide a VA examination for sleep apnea and hypertension. The appeal will be remanded for these actions.

The Veteran's appeal is remanded due to the need for a new VA examination and consideration of entitlement to TDIU. The case will be returned to the Board after completion of these actions.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before a member of the Board at the RO.

The Board found that there was no clear and unmistakable error in the December 2005 rating decision denying service connection for a disability of the lumbosacral spine. The claim of new and material evidence for the same condition was also denied.

The Board granted a higher initial disability rating of 40 percent for the Veteran's service-connected lumbosacral spine disability, effective December 19, 2011.

The Veteran's request to reopen service connection for a low back disorder was received in June 2008, and the RO granted service connection on the merits with an effective date of June 6, 2008.

The Board has determined that the Veteran's current neck, back, and sleep apnea disabilities are related to his active duty service. The claims for these conditions have been granted.

The Veteran's service-connected disabilities do not meet the percentage requirements for assignment of a schedular TDIU rating, and his employment is not unemployable due to these conditions.

The Veteran's lumbosacral strain disability is rated at the maximum allowable under the applicable rating criteria, and no higher rating is warranted.

The Board has granted service connection for left knee arthritis, finding that it is as likely as not related to active duty service. The other conditions were either not shown within one year of separation or are not otherwise related to service.

The Veteran's service-connected lumbosacral strain has been rated at 10 percent since August 29, 2008. The evidence does not support a higher rating during this period.

The Veteran is seeking service connection for sleep apnea. The Board has determined that a VA examination should be provided to determine the nature and etiology of any current sleep disorder, including whether it is related to his military service.

The Veteran's initial ratings for diabetes mellitus, obstructive sleep apnea, hypertension, gastroesophageal reflux disease (GERD), and thoracolumbar spine disability were denied. The evidence did not meet the criteria for higher initial ratings in any of these cases.

The Board found that the Veteran's sleep apnea did not have onset during service, within one year of separation from service, and is not otherwise related to service, including as secondary to his service-connected diabetes mellitus type II.

The Board has remanded the case due to insufficient medical opinion regarding the etiology of the Veteran's sleep apnea and other sleep disorders. Additional VA examination is required, and relevant treatment records must be obtained.

The Board found that the Veteran's right ear hearing loss, tinnitus, and lumbar spine disorder are not service-connected as they were not incurred or aggravated by his military service.

The Board has remanded the claims for service connection due to ionizing radiation exposure, and VA is required to make all necessary attempts to locate a DD Form 1141 relevant to the Veteran's service.

The Veteran's hypertension and sleep apnea claims are being remanded for further development. The hypertension claim is unclear as to the basis of service connection, while the sleep apnea claim requires issuance of a Statement of the Case (SOC).