Sleep apnea Board decisions

The Veteran's lumbosacral strain and sciatica of the bilateral lower extremities are currently rated at 40 percent each, resulting in a combined rating of 60 percent. The appeal is granted as his service-connected disabilities meet the criteria for TDIU.

The Veteran's back disability was rated at 20 percent prior to July 2, 2010 and increased to 40 percent thereafter. The TDIU claim is granted.

The Board has remanded the case to schedule a VA compensation examination of the Veteran's lumbosacral spine due to evidence suggesting worsening of his disability. Additionally, all pertinent treatment records since May 2010 and from David Cosenza, M.D., must be secured and associated with the claims file.

The Board has determined that the Veteran's sleep apnea is etiologically related to his active service, and therefore grants service connection for this condition.

The Veteran's service-connected conditions render him unable to secure or maintain substantially gainful employment.

The Veteran's appeal is being remanded for additional development to determine the nature and severity of his low back disability, including whether any diagnosed entity other than lumbosacral strain is part and parcel of/due to/ evolved from the service-connected condition.

The Board has remanded the case for further development, including scheduling a VA examination to determine the nature and etiology of the Veteran's claimed sleep disorder. The Veteran contends that he has a current sleep disorder related to service or service-connected disability.

The Veteran's service-connected lumbosacral strain does not render him unable to secure and follow a substantially gainful occupation, as his disability is rated at 20% and the evidence shows he has residual capacity for sedentary work.

The Board found that the Veteran's sleep disorder is a symptom of his service-connected PTSD and not a separate disability warranting service connection.

The Board has remanded the case due to incomplete examination reports and conflicting information regarding the Veteran's desire for a hearing. The initial disability rating claim remains in appellate status.

The Veteran's lumbosacral myositis was initially rated at 30 percent from July 19, 2004 to August 12, 2009. The RO used the criteria for lumbosacral strain under Diagnostic Code 5237.

The Veteran requested a withdrawal of the appeals for service connection for sleep apnea syndrome and for depression during his September 2012 videoconference Board hearing. As a result, those claims are dismissed.

The Board found that an overpayment of VA benefits due to a change in the Veteran's marital status was properly created, and thus denied the appeal.

The Board denied service connection for a low back disability and obstructive sleep apnea, finding that the Veteran's current conditions were not incurred or aggravated by active duty service.

The Veteran's appeal has been withdrawn, and his claim for service connection for an acquired psychiatric disorder, to include PTSD, is denied as there is no evidence of a stressor related to combat. The claims for other conditions are also denied.

The Veteran's appeal has been withdrawn by her representative prior to the Board issuing a decision.

The Veteran seeks service connection for respiratory disorders, obstructive sleep apnea, and restless leg syndrome. The Board has remanded the case to allow for additional development including VA examinations.

The Veteran's claims for service connection for various conditions, including PTSD, hypertension, a back disorder, leiomyosarcoma, and diabetes mellitus, were denied. The Board found no evidence of in-service injury or disease related to these conditions, nor any herbicide exposure that could relate the current disabilities to service.

The Board has remanded the case for additional development, including a VA examination to determine if the Veteran's obstructive sleep apnea is related to his military service. The appeal will be reconsidered after this additional development.

The Board has determined that the Veteran's sinus disability and obstructive sleep apnea are related to his active service, warranting a grant of service connection for these conditions.