Sleep apnea decisions — 2008

The veteran's lumbosacral strain and radiculopathy of the right lower extremity have been rated at 10 percent each, and there is no evidence to warrant a higher rating.

The Board found that the veteran's DDD of the lumbosacral spine was not shown to be related to service or a service-connected condition, and denied his claim for service connection.

The veteran's claim for specially adapted housing is being remanded due to the need for additional development, including obtaining medical records and scheduling an examination.

The Board denied the veteran's claim for service connection for a respiratory disorder, including due to Agent Orange exposure, finding that there was no evidence of a chronic respiratory disorder in service and no link between his current condition and military service.

The veteran's lumbosacral strain and cervical strain have been denied increased evaluations.,Service connection for tinnitus has not been established, and service connection for a right knee disability was not granted.

The Board denied the veteran's claims for service connection for tinnitus, sleep apnea, lupus, and deep vein thrombosis with venous stasis of the left leg. The appeals were based on a direct relationship to service without any presumption or secondary linkage.

The Board has remanded the case for further development, including providing proper notice to reopen a claim of service connection for sleep apnea and allowing the veteran's representative (TVC) an opportunity to respond to a supplemental statement of the case.

The VA denied a rating in excess of 20 percent for the veteran's lumbar strain with narrowing of L5-S1, as his disability did not meet criteria for higher ratings.

The Board has determined that the veteran's diabetes mellitus, type II, coronary artery disease, chronic obstructive pulmonary disorder (COPD), and sleep apnea are not service-connected as they were not incurred or aggravated during his military service.

The VA determined that the veteran's chronic lumbosacral strain does not warrant a higher evaluation, as his range of motion is well over the threshold required for a 40 percent rating. The Board found no evidence supporting an increased disability evaluation.

The Board has remanded the case due to a lack of a VA medical examination assessing whether the veteran's low back condition was incurred during or caused by active service. The claim will be reconsidered after obtaining this necessary information.

The Board of Veterans' Appeals has remanded the case for further development and readjudication due to inadequate reasons and bases in denying an extraschedular award.

The Board has ordered further development due to the need for clarification of a previous opinion and the need for VA examinations to determine the current nature and likely etiology of the veteran's lumbosacral spine disorder and lung disease.

The Board has determined that the veteran's sleep apnea was not incurred in or aggravated by active service and is not proximately due to, or the result of, or aggravated by a service-connected condition.

The Board has determined that the veteran does not have diagnoses of certain conditions, and there is no competent medical evidence linking his military service to any current disabilities. Therefore, these claims for service connection are denied.

The Board has determined that the veteran's service connection claims for residuals of aortic replacement due to Pseudomonas and Candida endocarditis, psychiatric disorder, hearing loss, balance disorder, right eye vision loss, and cervical spine erosion are denied as there is no evidence showing these conditions were caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on VA's part.

The veteran's appeal is remanded due to procedural deficiencies and the need for a VA examination to assess his employability.

The Board has decided to remand the case for further development, including a VA examination and opinion regarding whether the veteran's current sleep apnea disorder is related to his period of service.

The Board has determined that the veteran's claims to reopen his service connection for bilateral degenerative joint disease of the knees, hips, and lumbosacral spine have not been substantiated by new and material evidence. The RO denied these claims in July 2003, and no new or additional evidence was received within one year of that decision.

The Board has determined that the veteran's sleep apnea and impotency are not related to VA medical or surgical treatment, and thus compensation benefits under 38 U.S.C.A. § 1151 for residuals of prostate surgery, including impotency, are denied.