Sleep apnea Board decisions

The Veteran's service-connected conditions do not prevent him from securing and maintaining substantially gainful employment.

The Board found that the Veteran's service prior to March 1, 2007 was under honorable conditions and is not a bar to VA benefits.

The Veteran's degenerative joint disease of the lumbosacral vertebrae does not meet the criteria for a higher evaluation, as it does not result in forward flexion of the thoracolumbar spine to 30 degrees or less; favorable ankylosis of the entire thoracolumbar spine; or, incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months.

The Veteran's chronic low back disability, diagnosed as lumbosacral disc disease with left-sided sciatica, had its onset during his active military service. The Board finds in favor of the Veteran and grants his claim for service connection.

The Veteran's TDIU claim is being remanded due to the need for further development of evidence regarding his specific learning disability and its impact on employment, as well as an assessment of the combined effect of his service-connected disabilities on his employability.

The Veteran's lumbosacral spine strain with sacroiliac disorder is manifested by limitation of thoracolumbar spine flexion greater than 30 degrees, but no ankylosis or peripheral neurologic disease. The criteria for an initial rating in excess of 20 percent are not met.

The Board denied the Veteran's claim of entitlement to service connection for sleep apnea, finding no current diagnosis and noting that it was not linked to his active military service.

The Veteran's claims for service connection were denied as the evidence did not establish a relationship between his current conditions and his military service, including herbicide exposure.

The Board has determined that additional development is necessary before the claims for service connection for sleep apnea and hypertension can be decided.

The Board has scheduled a Travel Board hearing for the Veteran. However, due to inclement weather and lack of transportation, the Veteran was unable to attend the previously scheduled hearing. The case is now being returned to the RO to reschedule the hearing.

The Veteran's claims for service connection and increased rating are being remanded due to the need for additional examinations, consideration of new evidence, and readjudication.

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

The Veteran's appeal of his claim for service connection for sleep apnea has been dismissed. The Board is remanding the issue of entitlement to an initial compensable rating for a left knee scar.

The Veteran's claims for sleep apnea, asthma, hypertension, skin cancer, knot on left leg (shin), and Meniere's disease were denied as they are not shown to be causally or etiologically related to his active duty service.

The Board found that the Veteran's obstructive sleep apnea, headaches, and shortness of breath were not incurred or aggravated in service and are not proximately due to his service-connected autoimmune disorder associated with Gulf War environmental exposure.

The Board has determined that the Veteran's diabetes mellitus does not warrant a rating in excess of 20 percent, and his other service-connected conditions do not meet the criteria for higher ratings under the applicable diagnostic codes.

The Veteran's left knee disability has been rated as noncompensable since the effective date of service connection. The RO granted a 10 percent rating for iliotibial band syndrome of the left knee, effective July 16, 2004.

The Board has remanded the case for further development, including a VA examination addendum to address the Veteran's reported history of interrupted breathing during sleep since service. The claim will be readjudicated based on all evidence.

The Veteran's low back disability is rated at 20 percent since March 28, 2006 and separate ratings of 20 percent are assigned for neurological dysfunction of the right and left lower extremities. The appeal remains pending as less than the maximum benefit available has been awarded.

The Veteran's claim for TDIU prior to November 17, 2010 is being remanded due to the need for referral to the Director of Compensation and Pension Services for extraschedular consideration.