Sleep apnea decisions — 2007

The Board found that the veteran's breathing problems, including COPD and OSA, are not related to his active duty service. The claim for service connection was denied.

The Board denied service connection for sleep apnea, secondary to PTSD, finding that the evidence did not support a link between the veteran's PTSD and his sleep apnea.

The Board denied the veteran's claims for service connection for tinnitus, cervical spine disability, and lumbosacral spine disability due to a lack of credible evidence linking these conditions to service.

The Board granted a 70 percent evaluation for PTSD from November 8, 2004, and denied an increased rating for lumbosacral strain.

The veteran's death was not service-connected, but he had a combined disability rating of at least 90% for over ten years prior to his death. The claim is denied as the criteria for DIC under 38 U.S.C.A. § 1318 are not met.

The veteran's claim for an increased rating for his degenerative joint disease of the lumbosacral spine was denied. The VA examiner found that the veteran had slight limitation of motion, which corresponds to a 10 percent disability rating under the old criteria and would correspond to a 20 percent rating under the new criteria.

The veteran's appeal is being remanded due to the need for additional medical records and a new examination. The issue remains on appeal regarding his service-connected low back disability.

The veteran's appeal for service connection for sleep apnea has been dismissed due to his death.

The Board has determined that the veteran's sleep apnea is not related to her service, including her service in the Persian Gulf War. The claim for service connection was denied.

The veteran's appeal is being remanded to obtain relevant records from the Social Security Administration (SSA) for further development.

The veteran's service connection for left ear hearing loss is granted. The case is REMANDED to obtain additional medical records and examinations for the issues of sleep apnea syndrome and myopia, presbyopia, and mild convergence insufficiency.

The Board has determined that the veteran's service-connected lumbosacral spine disability warrants a 40 percent rating from September 1, 2005, and denied any higher ratings prior to that date.

The Board found that the veteran's rash and OSA were not related to his military service or any service-connected conditions, thus denying both claims.

The Board has determined that the veteran does not have a current disability of any claimed conditions related to his military service, and therefore denied all claims for service connection.

The Board denied the veteran's claims for increased evaluations for his service-connected chronic headaches, lumbosacral strain/sprain, and postoperative neck and facial scars. The veteran's headaches are characterized by daily occurrences with some light and sound sensitivity but no nausea or visual aura. His lumbosacral strain is limited to flexion of 70 degrees, extension of 20 degrees, lateral flexion and rotation each to 20 degrees without muscle spasm, guarding, or list. The scars are disfiguring with a total length of 6.5 cm, hyperpigmented, tender, and not adherent, ulcerated, depressed, elevated, or adherent.

The Board found no evidence of a current upper respiratory disability or asbestos exposure during service, and thus denied the veteran's claim for service connection.

The Board denied service connection for degenerative changes of the lumbosacral spine and tremors, but granted service connection for sinusitis.,Service connection was not established for a low back disability or neurological impairment (tremors) due to lack of evidence linking these conditions to military service.

The Board has determined that the veteran's current lumbosacral spine disability, characterized by disc bulging and degenerative disease, did not manifest until many years after service. Therefore, service connection for this condition is denied.

The Board denied increased ratings for the veteran's burn scars and service connection for secondary disabilities of his right hip and lumbosacral strain. The veteran's right thigh scar was rated at 20 percent, which is the maximum rating available under current VA regulations.

The Board found that the veteran's low back disability, characterized by pain and limited flexion to 45 degrees or greater, does not warrant a higher rating than the current 20 percent.