Sleep apnea decisions — 2007

The Board has granted a 60 percent rating for lumbosacral spine strain with intervertebral disc syndrome since June 16, 2004. The veteran's disability warrants the maximum schedular rating under the General Rating Formula for Diseases and Injuries of the Spine.

The veteran's lumbosacral spine condition, post-operative fusion, was rated at 50 percent prior to June 6, 2003 and at 80 percent since then.

The Board has determined that the veteran's cause of death, a myocardial infarction, was not related to his service-connected PTSD and therefore denied the claim for service connection.

The Board denied service connection for dental trauma, rheumatoid arthritis, and sleep apnea. Service connection was granted for Dupuytren's Contracture of the left hand with a rating assigned.

The veteran's claim for an increased rating for his lumbosacral strain with degenerative joint disease and degenerative disc disease with radiculopathy to the right leg in the L4-5 dermatome is being remanded due to the need for further development, including orthopedic and neurologic evaluations.

The Board denied the veteran's claims for service connection for various conditions, finding no evidence of a nexus between his current disabilities and his military service.

The RO denied the veteran's claim of service connection for a back disorder, but the Board of Veterans' Appeals later granted it in 2003 with an effective date of August 27, 2001.

The veteran withdrew the appeal regarding 'dry mouth' disability issue prior to a decision being made. The case is dismissed.

The veteran's claim for an increased rating for his lumbosacral strain disability is being remanded due to the need for additional development, including a VA examination and consideration of all relevant evidence.

The Board has determined that the veteran's bilateral hearing loss and tinnitus are service-connected, as they were incurred due to exposure to noise during active service. The degenerative disc disease of the lumbosacral spine is also service-connected based on continuity of symptomatology since service.

The veteran's claim for an earlier effective date for a grant of service connection for degenerative disc disease of the lumbosacral spine was granted as of June 10, 1964.,The veteran's claim for an earlier effective date for a 30 percent evaluation for bilateral hearing loss was denied due to lack of factual ascertainability during the year preceding July 10, 1995.

The Board has remanded the case for further development of medical records and consideration of additional evidence, including a VA spine examination.

The Board denied entitlement to an extra-schedular rating for a chronic lumbosacral strain and denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities. The veteran's nonservice-connected herniated disc disorder was found to be the primary cause of his total disability.

The veteran's service-connected disabilities do not meet the criteria for an automobile or adaptive equipment grant due to lack of loss of use of a foot or ankylosis of a hip or knee.

The Board has remanded the case for further development regarding the etiology of the veteran's current obstructive sleep apnea, including whether it is related to his service-connected broken nose and deviated nasal septum.

The veteran's PTSD has been rated at 70 percent since July 30, 2003. The Board found that the evidence does not support a higher rating as it did not demonstrate total occupational and social impairment.,Regarding sleep apnea, the claim was denied because there is no evidence linking the condition to service or service-connected PTSD.

The Board found no evidence supporting the appellant's claim that his hepatitis C infection was caused by military service, and denied all secondary service connection claims due to lack of competent medical evidence linking any claimed disorders to the hepatitis.

The veteran seeks service connection for obstructive sleep apnea, which he claims is related to his military service in the Gulf War. The case has been remanded due to lack of service medical records and need for a VA examination.

The Board has granted a 50 percent rating for depression, reopened claims for service connection for various conditions including irritable bowel syndrome and bilateral polyneuropathy of the legs, and denied other issues.

The veteran's service connection claim for gastrointestinal, joint pain, night sweats, and obstructive sleep apnea has been granted. The conditions are considered to be directly related to his military service.