Sleep apnea Board decisions

The Veteran's lumbosacral disability and cervical spine disability were not incurred or aggravated by service, nor are they related to his service-connected left knee condition.,The Veteran does not have a current disability of the cervical spine that is service connected.

The Veteran's claims for service connection for sleep apnea and atrial fibrillation are being remanded due to the need for a VA examination, as well as additional VCAA notification. The examiner is requested to determine if these conditions are secondary or aggravated by his service-connected diabetes insipidus or hypogonadism.

The Board found that the Veteran's back condition is not related to his active duty service and denied his claim for service connection.

The Board has determined that the Veteran's sleep apnea began during his active military service and grants service connection for this condition.

The Veteran's service-connected lumbosacral strain with degenerative disc disease is currently rated at 40 percent, and the Board finds that this rating adequately reflects his disability level.

The Veteran's petition to reopen service connection for a left hip disability has been granted. The underlying claim on the merits, as well as the issue of service connection for a right hip disability, are addressed in the REMAND portion of this decision.,Service connection for a bilateral ankle disability remains denied.

The Veteran's claims for service connection were denied. The Board found no new and material evidence to reopen the claim for Osgood-Schattler's disease in the right knee, as the preponderance of the evidence showed that it existed prior to service and was not aggravated by service. Service connection for degenerative arthritis in both knees and obstructive sleep apnea were also denied.

The Board has granted service connection for Obstructive Sleep Apnea, finding that the Veteran's sleep disturbances during his 2003/2004 deployment are a separate disability from his PTSD. The evidence is in equipoise as to whether PTSD caused or aggravated the OSA.

The Board found no evidence linking the Veteran's current sleep apnea to his military service and denied his claim for service connection.

The Veteran's appeal is being remanded for additional development, including an examination to assess the current severity of his service-connected lumbosacral strain with lumbosacral spine degenerative joint and disc disease status post laminectomy and fusion.

The Veteran withdrew her appeal regarding the increased initial rating for bulimia nervosa with anxiety.

The Veteran's claim for reimbursement of unauthorized medical expenses at a private hospital is denied because the emergency services provided were not rendered in an emergency situation as defined by VA regulations.

The Veteran's claim for a rating in excess of 10 percent for bilateral plantar fasciitis was granted, and service connection for sleep apnea was established. The TDIU claim is addressed in the REMAND portion.

The Board has remanded the case for further examination and opinion regarding the Veteran's claims of service connection for fatigue, chronic pain, fibromyalgia, and sleep apnea. The focus is on determining whether these conditions are related to active duty or a period of ACDUTRA in June 2002.

The Veteran's disability rating for lumbosacral strain, including degenerative changes of the lumbar spine, was increased to 40 percent effective December 7, 2010.

The Veteran's initial disability ratings for his service-connected left knee DJD with cartilage dysfunction and lumbosacral strain have been granted, but the claims are denied as he does not meet the criteria for higher ratings based on instability or limitation of motion.

The Board denied the Veteran's claim for service connection for sleep apnea and TDIU due to his failure to report for a VA audio examination, finding that he did not meet the criteria for a total disability rating based on individual unemployability.

The Veteran's sleep apnea was not service-connected, but his PTSD and depression were granted a 30% rating. The low back strain and headaches received increased ratings, with the headaches receiving a 50% rating after October 23, 2008. A total rating based on individual unemployability was granted prior to September 8, 2008.

The Veteran requested to withdraw his appeal regarding the reopening of his claim for service connection for sleep apnea. As a result, the Board dismissed the appeal.

The Board has determined that the Veteran's fibromyalgia is related to his military service and granted service connection for this condition.