Sleep apnea Board decisions

The Board has determined that the Veteran's current sleep apnea syndrome was not incurred or aggravated during service, and thus denied his claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining complete SSA disability benefits records and an addendum to the May 2011 VA examination.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a VA examination and additional development. His diabetes mellitus, type II, claim was previously denied but he wishes to reopen it.

The Veteran's claims for increased evaluations for lumbosacral strain and right lower extremity radiculopathy are being remanded to obtain additional medical records, provide the Veteran with a current examination, and ensure all development actions have been completed.

The Veteran's lumbosacral strain is currently rated at 10 percent, effective December 15, 2007. The claim for an earlier effective date has been granted.

The Board has ordered additional development due to the need for more detailed explanations of the VA examiner's conclusions regarding the relationship between the Veteran's conditions and service or service-connected disabilities.

The Veteran seeks service connection for a lumbosacral spine disability. The RO observed that the Veteran's service treatment records are negative for a diagnosis of or treatment for a low back disability, but military records confirm participation in combat operations during service in Vietnam. Pursuant to 38 U.S.C.A. § 1154(b), with respect to combat veterans, VA shall accept as sufficient proof of service-connection satisfactory lay or other evidence of service incurrence or aggravation of such injury or disease if consistent with the circumstances, conditions and hardships of such service. The Veteran has asserted a history of chronic low back pain since service separation.

The Veteran's claim for spousal aid and attendance benefits is granted with an effective date of June 29, 2007.

The Board has determined that additional development is needed to determine if the appellant's right knee, low back, and sleep apnea disabilities are related to his service-connected left knee disability or other conditions. The case is being remanded for further action.

The Veteran's claims for increased ratings were denied as his service-connected lumbosacral and thoracic strain with degenerative changes did not meet the criteria for a higher rating.

The Board denied the Veteran's service connection claims for sleep apnea syndrome, chronic left shoulder strain with laxity, muscle and joint pain of hands, and short term memory loss due to lack of evidence linking these conditions to his military service.

The Veteran's lumbosacral strain was previously rated at 10 percent and increased to 20 percent effective May 2, 2011.

The Board has determined that the Veteran's sleep apnea was first manifested during his active duty service and grants service connection for this condition.

The Board has granted service connection for right plantar fasciitis, but the Veteran's claims for acne/rosacea and cold injury residuals/Reynaud's disease remain pending. The case is remanded to obtain updated VA treatment records and arrange for a dermatology examination.

The Veteran's TDIU claim is granted with an effective date of July 15, 2005, the day following his service separation.

The Veteran's obstructive sleep apnea was found to have manifested during his military service and is therefore granted service connection.

The Board denied the Veteran's claims for service connection for a back condition, left knee condition, right knee condition, and an acquired psychiatric disorder. The conditions were found not to be related to his military service.

The Board found that the Veteran's current sleep apnea is not related to service, as there were no objective indications of a chronic disability during or after service. The VA examiner concluded it was less likely than not that OSA first manifested in service and/or was causally related to events during service.

The Veteran's initial disability ratings for lumbosacral strain and degenerative joint disease of the right shoulder remain at 10 percent, as his conditions do not meet criteria for higher ratings based on range of motion or x-ray findings.

The Veteran's appeal is remanded due to the need for a video-conference hearing before a Veterans Law Judge.