Sleep apnea decisions — 2007

The veteran's low back disability was initially rated at 10 percent from April 1, 2003 through October 1, 2006. From October 2, 2006, the disability is now rated at 10 percent with more severe symptoms.

The Board denied an initial evaluation in excess of 10 percent for the veteran's service-connected low back disability, finding that his symptoms did not warrant a higher rating based on the evidence of record.

The veteran's claims for hypothyroidism, sensory axonal polyneuropathy of the lower extremities, bunions, plantars warts, migraine headaches, bilateral hearing loss, sleep apnea, shin splints, and left shoulder anthralgia were denied as there is no evidence linking these conditions to service.

The veteran's claim for additional compensation benefits based on dependent children was received in September 2003, and the effective date of October 1, 2003, is assigned as the first day of the month following the submission of evidence. The veteran is not entitled to increased benefits prior to this date.

The Board has determined that service connection is not warranted for coronary artery disease and sleep apnea. The veteran's contentions regarding the etiology of his conditions have been considered, but there is insufficient medical evidence to support a finding of service connection.

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

The Board has determined that the veteran's lumbosacral spine degenerative disc disease warrants a 30 percent evaluation, which is more favorable to his claim than the prior 10 percent rating.

The Board denied the veteran's claims of service connection for sleep apnea, migraine headaches, and asthma. The decision found that there was no current diagnosis of sleep apnea or a causal relationship between the veteran's service-connected nasal disability and his migraine headaches or asthma.

The Board found that the veteran's service-connected low back disorder, which includes lumbosacral strain, limitation of motion, and degenerative disc disease, does not warrant a rating in excess of 40 percent.

The Board has determined that the veteran does not currently have sleep apnea and that his difficulty breathing through his nose, particularly at night, is a residual of a nasal fracture sustained during service. As such, the claim for service connection for sleep apnea is denied.

The veteran's service-connected disabilities, including bilateral hearing loss, render him unable to secure or maintain substantially gainful employment. The Board finds that the criteria for a TDIU have been met.

The veteran's appeal is being remanded for additional development of the record, including obtaining medical records and providing appropriate VCAA notice.

The veteran's claim for service connection of sciatica of the left lower extremity is denied as it is a symptom of his already service-connected meralgia paresthetica.,The veteran's hypertension does not meet the criteria for an increased evaluation, and he remains in receipt of a noncompensable rating.,The veteran's rosacea warrants a 10 percent evaluation under Diagnostic Code 7828.

The Board has granted service connection for migraine headaches, finding that the veteran's current condition had its onset during service. Service connection was denied for memory loss due to lack of evidence linking it to service.

The Board has determined that the veteran's sleep apnea and incisional hernia were not incurred in or aggravated by service, as there is no medical evidence linking these conditions to his military service. The claim for service connection for both conditions is therefore denied.

The Board has reopened the claim for service connection for an angiosarcoma/liposarcoma of the left groin, but the evidence does not establish that the condition was incurred in or aggravated by service.

The Board denied the veteran's claims for increased ratings for residuals of fracture of the left calcaneus with plantar fasciitis, lumbosacral strain, and hypertension. The RO found that the current disability ratings adequately reflected the severity of the disabilities.

The Board has remanded the case for further development, including a new examination and review of medical opinions to determine if the veteran's back disability is related to his military service or any other service-connected conditions.

The Board found that there was no evidence of radiation exposure or herbicide exposure during service, and the veteran's DFSP did not develop in service. Therefore, the claim for service connection for DFSP of the chest was denied.

The veteran's right knee and lumbosacral strain disabilities have been evaluated as 10 percent disabling, but the RO has not provided a rationale for this rating. The case is being remanded to obtain updated medical records and conduct another spine examination.