Sleep apnea Board decisions

The Board found that the Veteran's positional obstructive sleep apnea was not incurred in or aggravated by service, and thus denied his claim for service connection.

The Veteran's service-connected lumbar spine disability is currently rated at 50 percent, effective May 12, 2011. The evidence does not meet the criteria for a higher rating under either the General Rating Formula or the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.

The Board has reopened the Veteran's claims for service connection for low back, left knee, and right knee conditions. The evidence received since the June 2002 rating decision is new and material; however, it does not establish a nexus between the claimed disabilities and military service.

The Veteran's appeal is being remanded due to his request for a Board hearing. The issues of service connection for sleep apnea and an increased rating for PTSD remain under consideration.

The Veteran's service-connected disabilities, including peripheral neuropathy of the left upper and lower extremities, hiatal hernia, genitourinary disorder (including prostatic hypertrophy), sleep apnea, S1 radiculopathy, and polycythemia vera, have been granted. The Veteran is entitled to a 10 percent evaluation for hypertension.

The Board has determined that additional development is necessary to address the Veteran's claims for service connection, including obtaining relevant treatment records and clarifying his exposure history.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional medical examination and opinion regarding the relationship between his current sleep apnea and his active duty service, including his reported snoring in service.

The Veteran's appeal is remanded due to inadequate examination reports, and he needs a new VA orthopedic examination by a different examiner.

The Veteran's appeal is being remanded for additional development, including obtaining private medical records and scheduling a VA examination to assess the current level of impairment due to his service-connected low back disorder.

The Veteran withdrew his appeal for service connection for right foot pes planus with Achilles tendonitis and lumbosacral degenerative changes, to include as secondary to service-connected left foot and ankle disabilities.

The Board has ordered a VA examination to determine the etiology of the Veteran's degenerative disc disease of the lumbosacral spine, and to consider new evidence received after June 2009 remand. The appeal is currently in remanded status.

[object Object]

The Board has remanded the Veteran's appeal for additional development, including consideration of new evidence and readjudication of his claims. The case will be returned to the RO for further action.

The Board has granted the Veteran's claim for service connection for an eye disorder. The remaining issues of spine, shoulder, knee, and hemorrhoids disorders will be addressed through further examination and analysis.

The Board found that the Veteran's sleep apnea did not manifest during active military service and is not otherwise related to a disease, injury, or event during service. Therefore, the claim for service connection for sleep apnea was denied.

The Board has determined that additional development is needed to obtain service treatment records and verify the Veteran's periods of active duty, as well as to provide a VA examination for sleep apnea and hypertension. The appeal will be remanded for these actions.

The Veteran's appeal is remanded due to the need for a new VA examination and consideration of entitlement to TDIU. The case will be returned to the Board after completion of these actions.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before a member of the Board at the RO.

The Board found that there was no clear and unmistakable error in the December 2005 rating decision denying service connection for a disability of the lumbosacral spine. The claim of new and material evidence for the same condition was also denied.

The Board granted a higher initial disability rating of 40 percent for the Veteran's service-connected lumbosacral spine disability, effective December 19, 2011.