Sleep apnea Board decisions

The Veteran's appeal is being remanded due to the need for additional development of his claims, including obtaining updated VA and private treatment records, as well as SSA disability records. The case will be returned to the Board after these developments.

The Board found that the Veteran's sleep apnea was not incurred in service and is unrelated to his diabetes, thus denying his claim for service connection.

The Board finds that the Veteran's obstructive sleep apnea (OSA) became manifest during his active service and has persisted since, warranting service connection.

The Veteran's service-connected lumbosacral strain is rated at 20 percent disabling, effective April 21, 2003.

The Veteran seeks service connection for degenerative disc disease of the lumbosacral spine, which she contends is related to her active duty service and/or a service-connected left knee disability. The case must be remanded to obtain additional development including obtaining dates of ACDUTRA/INACDUTRA for July 1992, obtaining SSA records, and providing an opinion on the etiology of the Veteran's spine disability.

The Veteran's service-connected lumbosacral muscle strain and associated radiculopathy have not met the criteria for higher disability evaluations.

The Board found that the Veteran's claimed eye disability, bilateral retinitis pigmentosa, did not pre-exist his active service and was not aggravated by service. As a result, the claim for direct service connection was denied.

The Board denied the Veteran's claim for an effective date earlier than March 1, 2009 for payment of additional compensation for his current spouse. The decision was based on the fact that notice of his marriage to his current spouse was not received at the RO within one year of their marriage or prior to February 10, 2009.

The Veteran's claim for a compensable rating for his status post laceration of the left wrist was denied as there is no evidence of nonlinear, deep, unstable, or painful scarring that adversely affects any function.,Service connection for sleep apnea was also denied as the competent and probative evidence does not support a finding that the Veteran's current disability is due to an undiagnosed illness or a medically unexplained chronic multi-symptom illness.

The Board found that the Veteran's lumbosacral disorder was not incurred or aggravated in service and denied his claim for service connection.

The Board has determined that the appellant did not require regular aid and attendance prior to June 12, 2009, as evidenced by her ability to care for herself based on VA examinations conducted in April 2004 and June 2009. The effective date of the award is therefore denied.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the nature and etiology of sleep apnea, bilateral cataracts, and peripheral neuropathy. The issues include service connection claims and increased rating claims.

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing before a member of the Board at the Los Angeles, California VA RO.

The Board has remanded the case for additional development to determine if the Veteran needs regular aid and attendance due to his service-connected low back disability. The Veteran is currently service connected for recurrent lumbosacral strain with degenerative disc disease, but the VA examiner's findings are inadequate for a reasoned determination.

The Board has remanded the case for further development, including a new VA examination to address whether the Veteran's sleep apnea began in service and if his asthma aggravated his sleep apnea. The claim will be reconsidered after this additional development.

The Veteran's claims for service connection for degenerative disc disease of the lumbosacral spine, bilateral hearing loss, and tinnitus were denied as there is no evidence that these conditions are related to his military service. The claim for residuals of asbestos exposure was not addressed due to lack of a diagnosis.

The Board found that the Veteran's current lumbar spine disorder is not related to his service and denied his claim for service connection.

The Board has found that the Veteran's obstructive sleep apnea is not related to or aggravated by his service-connected deviated nasal septum. The claim for arthritis of multiple joints was remanded and will be addressed in a separate decision.

The Veteran is entitled to a TDIU from March 12, 2007 due to service-connected disabilities that rendered him unemployable.

The Board granted a TDIU from September 20, 2004 based on the Veteran's service-connected disabilities meeting the combined percentage threshold criteria under 38 C.F.R. § 4.16(a).