Sleep apnea Board decisions

The veteran is seeking a TDIU due to his service-connected disabilities, but the VA has not provided an examination assessing whether he can secure and maintain substantially gainful employment.

The Board found no evidence linking the veteran's current lower back disability to his service, including any in-service injury or disease. The claim for service connection was denied.

The Board denied the veteran's claims for a higher rating for his lumbosacral strain and TDIU based on his low back disability, finding that he did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has determined that the veteran's degenerative disc disease of the lumbosacral spine warrants a rating of 30 percent effective from April 30, 2003 to August 16, 2007.

The Board has determined that the veteran's current sleep apnea is more likely than not related to his active military service, and thus grants service connection for this condition.

The veteran withdrew his appeal for a higher rating of his service-connected lumbosacral strain with post-operative disc disease, which had been rated at 40 percent. The Board dismissed the case as a result.

The Board has remanded the case due to insufficient medical opinions regarding the etiology of the veteran's current lumbar disorder and whether it is related to service. The RO must provide a new notification letter, afford the veteran an orthopedic examination, and consider all submitted evidence before proceeding with appellate review.

The veteran's claim of service connection for insomnia, as a manifestation of his service-connected adjustment disorder, has been dismissed due to the overlap between the two conditions and the established compensation.

The veteran's claim for an increased evaluation of his service-connected degenerative disc disease of the lumbosacral spine is being remanded due to the need for additional VA medical records.

The Board denied the veteran's claims for increased ratings for his low back disability and hypertension, finding that the evidence did not support a higher rating based on incapacitating episodes or neurological manifestations.

The Board denied service connection for the claimed conditions, finding that they are not attributable to military service or service-connected disabilities.

The veteran's service-connected disabilities, including a lumbosacral strain, pseudofolliculitis barbae, and right hip tendonitis, do not render him unemployable considering his educational and occupational background.

The Board found that the veteran's sleep apnea was not incurred in or aggravated by active service and is not proximately due to or the result of his service-connected diabetes mellitus and hypertension.

The veteran's claims for dental trauma, rosacea, adult acne, chloracne, and pleomorphic adenoma as a result of herbicide exposure were all granted. Service connection was established for residuals of dental trauma to tooth number 8 due to in-service injury.

The Board has determined that there is a procedural defect and requires the RO to prepare a Supplemental Statement of the Case (SSOC) addressing new evidence received since the May 2007 SSOC.

The veteran's service-connected disabilities, including lumbosacral strain, depression and anxiety, peripheral neuropathy of the left lower extremity, and right great toe disorder, have rendered him unable to secure or follow a substantially gainful occupation. His TDIU claim is granted.

The Board has ordered the case to be remanded for additional development, including obtaining medical records and scheduling a VA examination.

The veteran's sleep apnea is rated at a 30 percent evaluation after March 1, 2006. His allergic rhinitis remains noncompensably disabled.

The Board finds that the veteran's sleep apnea was not incurred or aggravated during her military service and is not proximately due to, the result of, or chronically aggravated by PTSD. Therefore, the claim for service connection for sleep apnea including as secondary to PTSD is denied.

The Board denied the veteran's claims for service connection for sleep apnea, gout, and pes planus. The evidence did not show a link between these conditions and his military service.