Sleep apnea Board decisions

The Board denied the Veteran's claims for service connection for tinnitus and extension of a temporary total rating for right shoulder surgery necessitating convalescence. The decision found that while the Veteran had credible assertions regarding in-service noise exposure, there was no evidence of severe postoperative residuals as required under 38 C.F.R. § 4.30.

The Veteran's claims for throat disability, GERD, and breathing disorder are being remanded due to the need for additional development of his medical records and a VA examination.

The Veteran's claim for increased SMC at the rate set out under 38 U.S.C.A. § 1114(r)(2) is denied as he does not require daily personal healthcare services provided by a licensed health care professional.

The Veteran withdrew his appeal regarding the effective date for service connection of obstructive sleep apnea.

The Veteran's low back disability was manifested by objective observation of forward flexion to 50 degrees or greater with consideration of subjective complaints of pain, and no evidence of incapacitating episodes or neurological impairment related to the back disorder. The criteria for an initial rating greater than 40 percent herniated nucleus pulposus, L4-L5, with lumbosacral strain and degenerative changes have not been met or approximated.

The Board has determined that a remand is necessary to obtain an updated VA examination and opinion regarding the Veteran's current obstructive sleep apnea, including whether it is secondary to his service-connected disabilities.

The Board has ordered additional development to determine whether the Veteran's atherosclerosis was related to his period of active service and if so, whether it contributed to his death. The case is being remanded for an addendum opinion from a VA cardiologist.

The Board has determined that the Veteran's sleep apnea is at least as likely as not aggravated by his service-connected duodenitis with hiatal hernia and reflux, thus granting service connection for sleep apnea on a secondary basis.

The Veteran's claim for an initial evaluation in excess of 10 percent for lumbosacral degenerative disc disease is being remanded due to the need for further examination and consideration. The hip disorder claim has been referred to the RO.

The Veteran's claims for lumbar strain with sciatica, bulimia, hiatal hernia, IBS, GERD, and sleep apnea are denied. The Board finds that there is no evidence of a low back disorder during service or at any time thereafter, and the claimed conditions are not related to his military service.

The Board has granted service connection for a back disability and an acquired psychiatric disorder, including PTSD, anxiety disorder, and major depressive disorder. The claim for increased rating for residuals of fractures of both mandibles is addressed in the REMAND portion.

The Board denied service connection for the cause of the Veteran's death, as well as for pulmonary emphysema, peripheral neuropathy, and obstructive sleep apnea, finding that these conditions were not related to his active service or exposure to herbicides.

The Board has reopened the appellant's claim for service connection for sleep apnea and finds that it is as likely as not related to his military service. The claim is granted.

The Veteran's sick sinus syndrome is found to be caused by his service-connected obstructive sleep apnea. The right knee degenerative joint disease status post total knee arthroplasty has been granted a 60% evaluation since May 1, 2007.

The Veteran's appeal for restoration of a 40 percent disability rating and increased ratings for his lumbosacral spine disability were denied. The RO reduced the prior 40 percent rating to 10 percent effective January 1, 2007.

The Veteran's service-connected obstructive sleep apnea with fatigue has been rated at 50 percent since January 27, 2005. The evidence does not meet the criteria for a higher rating as there is no indication of chronic respiratory failure or tracheostomy.

The Veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment.

The Board has granted service connection for a lumbosacral spine disability and a bilateral hip disability. The case is now remanded to readjudicate the Veteran's claim for TDIU.

The Board has determined that a remand is necessary to obtain additional medical opinions regarding the Veteran's sleep apnea and its relationship to his service-connected disabilities, particularly PTSD. The case will be returned for further action.