Sleep apnea Board decisions

The Veteran's service-connected lumbar disc disease with degenerative changes and associated radiculopathies do not meet the criteria for a higher disability rating. The Board denied all claims, including TDIU.

The Board has remanded the case for further development, including obtaining updated medical records and a VA examination to assess the current level of disability due to the service-connected lumbosacral strain with herniated disc at L5-S1. The Veteran's claim for appropriate rating of his secondary service-connected depression is also referred back to the RO.

The Veteran's sleep apnea is as likely as not incurred in active military service and is proximately due to, or the result of, his service-connected GERD with IBS, diverticulitis, hiatal hernia, and gastritis.

The Board has remanded the case for further development, including obtaining SSA records and scheduling a VA examination.

The Board has reopened the Veteran's claim for service connection for a left leg disability and granted it. The decision on whether the current left leg disability is related to service or secondary to his right leg disability will be addressed in the remand portion of this decision.

The Veteran's claims for increased rating, service connection for right hip disability, and psychiatric disability were denied. The denial of the psychiatric disability claim is due to a lack of evidence showing it was incurred in or aggravated by service.

The Board has determined that the Veteran does not have a bilateral eye disability related to active service, and his sleep apnea is not related to active service. Hypertension was presumed due to Agent Orange exposure but is not considered secondary to any service-connected condition. The low back/hip disability and skin cancer are also not related to active service or secondary to any service-connected condition.

The Board denied the Veteran's claim for service connection for cervical radiculopathy secondary to his service-connected facet syndrome with sclerosis of the lumbosacral spine.

The Board has determined that a VA examination is needed to determine the nature and etiology of the Veteran's obstructive sleep apnea disorder, including as secondary to service-connected disabilities. The issue will be remanded for further action.

The Veteran seeks to reopen his claims for service connection for various conditions, including left ankle disorder, headaches, back disorder, depression, bilateral foot disorder, obstructive sleep apnea, and hypertension. The RO previously denied these claims in January 2003 due to lack of evidence linking the conditions to service or showing current diagnoses.

The Veteran's asthma is related to his active duty service and has been granted service connection. The Board finds that further examination is needed to determine the relationship between his sleep apnea, diabetes mellitus, type II, and his service-connected asthma.

The Board has determined that the Veteran's sleep apnea, cognitive impairment, and impaired memory are not related to his military service or any incident therein. The VA examiners found no evidence of a nexus between these conditions and his time in service.

The Veteran's service-connected disabilities result in his requiring assistance with a number of his activities of daily living (ADLs) and require care or assistance on a regular basis to protect himself from hazards or dangers incident to his daily environment, warranting SMC based on aid and attendance.

The Board has denied the Veteran's claims for service connection for sleep apnea, varicose veins, and a psychiatric disorder due to lack of new and material evidence. The Veteran did not provide any additional information or evidence that would support reopening these claims.

The Veteran's claim for service connection for degenerative disc disease and facet joint arthritis, lumbosacral spine has been granted. The issue of sleep apnea is remanded as the statement of the case was not issued.

The Board has determined that the Veteran's currently diagnosed sleep apnea had its onset during his service and is therefore granted service connection.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's DDD of the lumbosacral spine is currently rated at 40 percent, and there are no findings indicating ankylosis or incapacitating episodes. The current rating adequately reflects the severity of his disability.

The Veteran's service-connected lumbosacral strain, degenerative disc disease, and post-operative interbody fusion L4-5 and L5-S1 have been rated at 60 percent since March 3, 2001. The Board has determined that the disability is no more than 60 percent disabling.

The Board has remanded the case for a new VA medical examination to determine if the Veteran's obstructive sleep apnea is due to his alleged exposure to contaminants during U.S.S. Jouett overhaul, and for an opinion on service connection.