Sleep apnea Board decisions

The Board has canceled two hearings scheduled for the Veteran and has now requested a video conference hearing due to the appellant's request. The appeal is being remanded.

The Board found that the Veteran's current low back disability was not incurred in or aggravated by active military service and may not be presumed to have been incurred in service.

The Veteran's claim for an increased rating for his service-connected degenerative changes of the lumbosacral spine was granted, with a current evaluation of 20 percent. The effective date for this grant is set at October 31, 2007.

The Veteran's claim for increased ratings for his lumbosacral strain with degenerative disc disease is being remanded to obtain additional VA treatment records and ensure compliance with the duty to assist.

The Board has determined that the Veteran's sleep apnea did not begin in service and is not related to his service-connected hypertension. Therefore, service connection for sleep apnea is denied.

The Board found that the Veteran's claimed thoracic or lumbosacral spine disorder, cervical spine disorder, right knee disorder, and left hand disorder are not related to service. The claims were denied as there is no evidence of a chronic condition in service or within one year after service.

The Veteran's initial claim for a higher rating for lumbosacral strain was denied, with the RO granting an increased rating to 20 percent effective June 10, 2009.,The Veteran's claim for a higher rating for right lower extremity radiculopathy associated with his service-connected lumbosacral strain was also denied.

The Veteran's claims for service connection for sleep apnea and bunion deformity over the first MTP joint of both feet have been granted. The issues regarding whether new and material evidence has been submitted to reopen claims for bilateral hearing loss and a dental disability are remanded.

The Veteran's claim for a total disability rating based on individual unemployability is being remanded due to insufficient evidence regarding whether her service-connected disabilities render her unable to work.

The Veteran's claim for a higher rating for lumbosacral strain is being remanded due to the need for further development, including a VA examination.

The Board has vacated its decision on the claims to reopen service connection for various knee and spine disabilities, as well as chronic venous insufficiency of the lower extremities. The new evidence presented since previous decisions relates to an unestablished fact necessary to substantiate these claims.,The Veteran's claim for service connection is being remanded due to the need for further development on the diabetes mellitus claim.

The Veteran's case is being remanded for a Travel Board hearing. The issues of whether new and material evidence has been received to reopen his claim for service connection for residuals of coccidioidomycosis, entitlement to an increased rating for lumbosacral strain, and entitlement to an increased rating for prolapsed intestinal cord status postoperative hemorrhoidectomy are pending.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination to address his TDIU claim and issuing a supplemental SOC on the issues of increased ratings and service connection.

The Veteran's claims for service connection for hypertension and obstructive sleep apnea were denied as secondary to his service-connected PTSD. The Board found no evidence of a nexus between the current conditions and active duty service.

The Board denied the Veteran's application to reopen his claim for service connection for lumbosacral spondylolisthesis and found that new and material evidence had not been received. The proteinuria claim was also denied as it is a laboratory finding rather than a disability.

The Veteran's service-connected disabilities (lumbosacral strain, major depressive disorder, and bilateral pes planus) combine to make him unable to secure or follow a substantially gainful occupation.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of any diagnosed sleep disorder. The initial compensable rating claim will also be addressed.

The Board has remanded the case for a VA examination to determine if the Veteran's sleep apnea is proximately due to, the result of, or aggravated by his service-connected panic disorder.

The Board has remanded the case for further development and opinion regarding the etiology of the Veteran's sleep apnea and hypertension, specifically addressing whether these conditions are related to service or secondary to a service-connected disability.

The Veteran's net worth does not constitute a bar to receipt of nonservice-connected pension benefits due to his and his wife's current financial situation, life expectancy, and health status.