Sleep apnea Board decisions

The Veteran's cervical spine disability is found to be related to his service-connected lumbar spine disability, and the claim for service connection for a cervical spine disability is granted.

The Veteran's claims for service connection for paranoid schizophrenia and sleep apnea are denied as his discharge from military service under other than honorable conditions serves as a bar to the claimed benefits.

The Veteran's appeal is being remanded for additional development to determine if his service-connected disabilities preclude him from securing and following substantially gainful employment.

The Board denied service connection for sleep apnea and narcolepsy, finding that the disorders were not incurred in or aggravated by active service and are not proximately due to, or the result of, a service-connected disability.

The Veteran's claims for increased ratings for lumbosacral strain associated with Schmorl's nodes and right shoulder impingement syndrome are being remanded due to the need for additional development.

The Veteran is seeking service connection for arthritis of the lumbosacral spine. The Board finds that additional development, including obtaining medical records and Social Security Administration (SSA) disability determination, is needed before a decision can be made on his claim.

The Board has remanded the case due to lack of service treatment records and need for a VA examination.

The Board has denied the Veteran's claim of service connection for sleep apnea, finding that there is no evidence of onset during military service and no competent medical opinion linking it to a service-connected disability.

The Board has restored the Veteran's original 20 percent ratings for his service-connected left and right knee disabilities, as well as granted service connection for sleep apnea based on aggravation during his third period of active duty.

The Veteran's chronic headaches, obstructive sleep apnea, and right inguinal hernia were all incurred during his period of active service from February 2003 to August 2004. Service connection is granted for these conditions.

The Board found that the appellant's claimed conditions are proximately due to or aggravated by service-connected polio and post-polio syndrome (PPS). As a result, these conditions have been granted as secondary to service-connected disability.

The Veteran's appeal is remanded for additional development, including scheduling a VA examination to assess the current status of his service-connected cervical and lumbosacral spine disorders.

The Veteran's cervical strain was rated at 20 percent effective March 3, 2004.,A separate rating of 20 percent for radiculopathy of the right upper extremity is granted beginning September 2009.,Lumbosacral strain remains rated at 40 percent. A separate rating of 10 percent for radiculopathy of the right lower extremity is also granted.

The Board has remanded the case due to incomplete service treatment records and further efforts are required to obtain these records.

The Veteran's appeal is being remanded for additional development to assess the severity of his low back disability and psychiatric conditions, including obtaining medical records and conducting examinations. The TDIU claim will be deferred pending completion of this additional development.

The Veteran's unauthorized medical expenses incurred on May 17, 2008 were for a medical emergency of such severity that delay would have been hazardous to his health. The closest VA facility was not feasibly available due to the Veteran's inability to drive.

The Veteran's service-connected disabilities, including PTSD, diabetes mellitus, and a scar from a shell fragment wound, have resulted in a combined rating of 70 percent. The Board has granted the Veteran's TDIU claim based on these service-connected conditions.

The Board has remanded the case for additional development, including obtaining medical records and arranging for examinations to determine the nature and severity of the Veteran's psychiatric disorder and lumbosacral spine disability.

The Board has remanded the case due to an issue of CUE in a 1993 rating decision and the need for additional development.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claim for service connection for congenital pars defect, L5-S1, with low back pain, grade I spondylosis of the lumbar spine. The RO denied this claim in January 2004 due to a lack of evidence showing that the condition was caused by or aggravated by military service. For the other two issues, the Board has not made a determination on whether new and material evidence has been submitted.