Sleep apnea decisions — 2007

The veteran's appeal has been withdrawn before a decision could be made.

The veteran's claims for increased ratings and a temporary total rating based on convalescence were denied. The Board found that the right herniorrhaphy was healed as of November 1, 2004, and no further convalescence was warranted.

The Board has determined that the veteran's service-connected lumbosacral spine strain with lumbar spondylosis does not meet or approximate the criteria for a rating in excess of 20 percent during the appellate period.

The Board found that the veteran's claimed conditions, including sleep apnea, hearing loss, tinnitus, flat feet, and cardiomyopathy, were not incurred or aggravated by service. The Board also noted that there was no evidence of aggravation of any pre-existing condition during service.

The Board denied the veteran's claim of service connection for his cause of death, as there was no evidence linking his death to any in-service disability or disease. The appellant is also not eligible for nonservice-connected death pension benefits due to her husband's recognized military service.

The Board denied an increased rating for the veteran's lumbosacral strain with degenerative disc disease and degenerative joint disease, and denied reopening of a claim for service connection for psychophysiological gastrointestinal reaction.

The Board has granted an effective date of September 1, 2001 for the assignment of a 20 percent disability rating for the veteran's service-connected lumbosacral spine disability.

The Board denied the appellant's claim for an extension of her delimiting date for educational assistance benefits under Chapter 1606, finding that she did not provide timely documentation and was not prevented from attending school by a service-connected disability.

The veteran's claim for an evaluation in excess of 20 percent for lumbosacral strain, with minimal spurring and degenerative disc disease (DDD), is being remanded due to the need for additional development.

The veteran's claims for evaluations of various conditions from March 22, 2001 are being remanded due to the appellant's failure to appear at a scheduled hearing.

The Board denied the veteran's claim for service connection for epidermolysis bullosa acquisita, finding no evidence of a link between his active service and the current condition.

The Board has determined that service connection for the cause of the veteran's death is warranted due to atherosclerosis, which was related to his service. The appellant's claim for entitlement to service connection for the cause of the veteran's death is granted.

The Board denied service connection for a pulmonary disorder (including emphysema), gastrointestinal disorder (including gastroenteritis), sleep apnea, hepatitis C, and residuals of a right elbow laceration and right hip, shoulder, and back abrasions. The evidence did not support the veteran's claims as there was no chronicity in service or post-service.

The Board has determined that the veteran's claims for service connection for a deviated septum and sleep apnea cannot be granted as there is no credible evidence linking these conditions to his period of active military service.

The veteran's claim for a higher disability rating for his service-connected intervertebral disc syndrome of the lumbosacral spine is being remanded due to insufficient evidence and need for further examination.

The veteran's claim for a compensable evaluation for his service-connected lumbosacral strain with spondylolisthesis prior to October 1, 1998 was granted. The issue of an evaluation in excess of 10 percent for the condition beginning on October 1, 1998 and prior to October 4, 2005 was denied. The claim of service connection for a left hip disorder was not reopened.

The veteran's claim for an increased evaluation for his lumbosacral strain is being remanded due to the need for additional examinations and development of evidence.

The Board has remanded the case due to insufficient medical evidence regarding whether the veteran's sleep apnea is related to service. The veteran underwent surgery for abscesses in May 2003, and his doctors suspected that his airway issues were caused by sleep apnea.

The Board denied the veteran's claim for an effective date prior to November 3, 2004, for the grant of NSC pension benefits as there was no evidence that his previously listed disabilities had worsened since June 5, 2000.

The veteran's claim for a higher evaluation for degenerative joint disease of the lumbosacral spine with osteophytes was denied. Service connection for a right hamstring disorder remains pending.