Sleep apnea decisions — 2008

The veteran's appeal is being remanded for additional development of his claims, including obtaining post-service VA treatment records and providing VCAA notice.

The Board found that the veteran's obstructive sleep apnea was not incurred in or aggravated by his active service, and is unrelated to his service-connected broken nose with deviated nasal septum.

The Board has decided that the veteran's appeal for service connection for sleep apnea is dismissed. The issues of service connection for a psychiatric disorder to include major depression and PTSD, and peripheral neuropathy of the bilateral upper and lower extremities are remanded for further development.

The Board has granted service connection for headaches, lumbosacral spine degenerative arthritis with degenerative disc disease at L5-S1, and denied service connection for bilateral hearing loss. The veteran's headaches are found to have had its onset during active service.

The Board has determined that the July 2003 rating decision denying service connection for sleep apnea was not clearly and unmistakably erroneous. The correct facts were before VA at the time of the decision, and no error which would have changed the outcome is found.

The veteran's appeal is being remanded for a hearing before a Veterans Law Judge at the RO. The issues are whether he should receive a higher rating for his lumbosacral strain and if he can get service connection for his bilateral leg spasms as secondary to his lumbosacral strain.

The Board denied service connection for the claimed conditions, finding that they were not incurred or aggravated by military service.

The Board has denied the veteran's claims for service connection for sleep apnea, degenerative disc disease of the lumbosacral spine (low back disability), and sinus condition. The reasons include a lack of evidence linking these conditions to service or service-connected asbestosis.

The Board denied the veteran's claims for an effective date of September 24, 1965 for a 40% evaluation for retinitis pigmentosa and for an effective date prior to October 25, 1977 for special monthly compensation on account of blindness in one eye.,The medical evidence did not establish the required visual acuity levels for blindness or loss of use in either eye.

The Board found that the veteran's low back disability, characterized by subjective complaints of pain and limited range of motion, did not meet or approximate the criteria for a higher rating than 20 percent. The evidence did not show ankylosis, incapacitating episodes of intervertebral disc syndrome, or neurological manifestations associated with the left leg.

The Board has remanded the case due to the need for additional evidence and medical opinions regarding the veteran's service connection claim for retinitis pigmentosa.

The veteran's low back disability, rated as 10 percent disabling since July 9, 2001, is manifested by motion limited by pain and additional impairment on flare-ups resulting in overall functional loss comparable to moderate limitation of motion of the lumbar spine. The Board has determined that the schedular criteria for a 20 percent rating have been met.

The veteran's service-connected degenerative disc disease of the lumbosacral spine is currently rated at 40 percent, effective July 6, 2005. The Board has determined that the current rating is appropriate as it reflects the severity of his disability due to aggravation by a non-service connected foot condition.

The veteran's claim for specially adapted housing or a special home adaptation grant was denied as he does not meet the criteria for this benefit due to his service-connected disabilities.

The VA determined that the veteran's chronic lumbosacral strain does not warrant a higher evaluation than 20 percent, based on current medical evidence showing moderate limitation of lumbar motion.

The Board has determined that a remand is necessary to obtain updated VA medical records and ensure the veteran receives appropriate examinations. The claim will be reconsidered based on the additional evidence.

The veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on need for aid and attendance or housebound status.

The veteran is seeking service connection for a back injury sustained during active duty. The VA examiner found the current low back disability to be related to an in-service injury, but the examination report was inadequate as it did not provide a clear opinion on causation. The RO also failed to notify the veteran of his rights under the VCAA.

The Board has denied the veteran's claims for service connection for osteoarthritis and degenerative disc disease of the lumbosacral spine, finding that there is no evidence showing a link between these conditions and his military service. The claim for residuals of a nose laceration remains pending as the RO has not issued an SOC.

The Board found no competent medical evidence linking the veteran's lumbosacral spine disorder to service, and denied his claim for service connection.