Sleep apnea decisions — 2008

The veteran's claim for a higher disability evaluation for his lumbosacral strain with arthritis is being remanded due to the need for clarification of the extent of service-connected and nonservice-connected factors affecting his condition.

The veteran's service-connected disabilities, alone, do not meet the criteria for a TDIU as they are less than 100% combined and do not meet the percentage standards set forth in 38 C.F.R. § 4.16(a). The Board also considered whether there is evidence to warrant referral for consideration of a TDIU on an extra-schedular basis, but finds no such evidence.

The veteran is seeking service connection for his diagnosed chronic obstructive sleep apnea. The Board has determined that a VA examination is necessary to determine the etiology of his condition and whether it is related to his active service, including his treatment for sinusitis.

The Board found that the veteran's current low back disability is not related to service, and thus denied his claim for service connection.

The Board has remanded the case due to issues regarding service connection for sleep apnea, specifically whether it is secondary to a service-connected condition (bronchial asthma). The veteran needs to provide evidence of an etiological link between his current sleep apnea and his bronchial asthma.

The VA determined that the veteran's lumbosacral sprain disability did not warrant a rating higher than 40 percent, as there was no evidence of ankylosis or incapacitating episodes of intervertebral disc syndrome.

The veteran's claims for service connection for PTSD, hypertension, heart disability including coronary artery disease, sleep apnea, and peripheral neuropathy (ulnar mononeuropathy) were all denied. The evidence did not show that any of these conditions started during or were otherwise related to the veteran's military service.

The veteran is seeking an earlier effective date for the grant of service connection for lumbosacral spine disability, and his case has been remanded due to a related claim of clear and unmistakable error (CUE) in a previous rating decision.

The veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability due to his ability to engage in substantially gainful employment.

The veteran's claim for a total disability rating based upon individual unemployability (TDIU) is being remanded due to the need for additional medical examination and opinion regarding his service-connected disabilities.

The Board has denied service connection for various conditions including right eye disability, left eye disability, hemorrhoids, sinus disability, sleep apnea, and asbestosis. The veteran's claims have not been substantiated.

The veteran's claim for an increased rating of his low back disability was denied. The Board found that the evidence did not support a higher rating than 20 percent.

The Board finds that the veteran's low back disorder, manifested by facet arthritis at L5-S1, likely existed prior to service and was aggravated during active duty. As such, the claim for service connection is granted.

The VA has determined that the veteran's service-connected disabilities do not render him unemployable due to their combined effect, as they allow for some form of substantially gainful employment.

The Board denied an increased rating for the veteran's lumbosacral strain with sciatica and degenerative disc disease, currently rated at 40 percent.

The Board has granted service connection for left knee arthritis, pitting edema of the lower extremities, insomnia with fatigue, and hypertension. The effective dates for these grants are set at March 8, 2000.

The Board has determined that the veteran does not have any of the claimed conditions and therefore, service connection for these conditions is denied.

The veteran's claims for increased disability ratings for his service-connected knee disabilities and other conditions were denied.,Service connection was not established for fibromyalgia, residuals of a back injury, diabetes mellitus, gastroesophageal reflux disease (GERD), sleep apnea, chronic pain, atypical chest pain, psoriasis, arthritis of multiple joints, or cervical spine disability.

The Board found that the veteran's current back disorder developed many years after service and is not shown to have been caused by any incident of service. Therefore, the claim for service connection was denied.

The veteran's bilateral pes planus is rated at 30 percent, and his right knee lateral instability and lumbosacral strain are both rated appropriately.