Sleep apnea Board decisions

The Board has determined that additional development is needed to determine the precise dates of any period of Active Duty for Training (ACDUTRA) and active service, as well as to obtain relevant medical records. The Veteran's claims for service connection for type II diabetes mellitus and obstructive sleep apnea will be remanded for further action.

The Board has remanded the case due to inadequate examination and incomplete etiological analysis. The Veteran's sleep apnea is being requested to be evaluated again with a focus on whether it is related to his service-connected allergic rhinosinusitis or if there is aggravation of his sleep apnea by this condition.

The Veteran's service-connected disabilities do not render him unable to obtain and retain substantially gainful employment.

The Veteran's lumbosacral spine disorder was rated at 20 percent prior to February 12, 2009 and increased to 40 percent since July 1, 2009. The rating is mixed as some issues were granted while others were denied.

The Board has determined that the Veteran's chronic obstructive sleep apnea is related to his military service and grants service connection for this condition.

The Veteran's digestive tract disorder and sleep apnea were not found to be related to his military service. The digestive tract disorder was attributed to alcohol abuse, while the sleep apnea was considered a direct result of his military service.

The Board has determined that an effective date earlier than August 27, 2008 for the assignment of a 50 percent rating for service-connected obstructive sleep apnea is not warranted.

The Veteran's cervical and lumbar spine disabilities were evaluated, with the cervical strain receiving a 20% rating effective June 16, 2009. The lumbar strain was not rated as it did not meet criteria for any specific disability evaluation.

The September 2006 rating decision reducing the Veteran's disability rating for lumbosacral strain with degenerative changes to 10 percent was proper in light of the clear and unmistakable error (CUE) in the July 2004 rating decision, which applied outdated criteria. The appropriate procedural steps were followed.

The appeal has been withdrawn by the appellant before a decision was made.

The Veteran's claim for TDIU is being remanded due to the need for further development, including obtaining private and VA treatment records, and a VA examination.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional medical opinions regarding both direct and secondary service connection.

The Board has determined that the Veteran's degenerative arthritis of the lumbosacral spine is related to complaints of low back pain in service and grants service connection for this condition.

The Board has granted service connection for a low back disability and awarded an initial 10 percent rating for bilateral pes planus effective from August 2, 2010.

The Veteran's service-connected arthritis of the lumbosacral spine and hemorrhoids do not render him unemployable due to their combined effect, as his disabilities are not severe enough to prevent him from engaging in substantially gainful employment.

The Board denied the Veteran's claims for service connection for severe sleep apnea and other conditions, finding that there was no evidence of a current disability during service or at any time thereafter. The Veteran's post-service treatment records do not establish continuity of symptomatology.

The Veteran's appeal is being remanded for additional examinations and to obtain recent VA treatment records. The case will be readjudicated after these actions.

The Board denied the Veteran's claims for service connection for a chronic low back disability and a chronic prostate disorder, finding that there was no evidence of in-service injury or disease related to these conditions. The examiner opined that it is less likely than not that the current disabilities are linked to his military service.

The Board has found that the Veteran's sleep apnea is service-connected, resolving all reasonable doubt in his favor. The claim for an initial compensable rating for hypertension remains pending and will be remanded to the RO.

The Board has determined that additional development is needed, including obtaining the appellant's Social Security Administration records and scheduling a VA examination to determine if his sleep apnea and respiratory disabilities are related to service exposure to asbestos. The case will be remanded for these actions.