Sleep apnea decisions — 2008

The Board denied the veteran's claims for service connection for sleep apnea and entitlement to TDIU. The Board found that there was no evidence linking the veteran's sleep apnea to his military service.

The veteran's PTSD is granted as related to his service, and he is awarded a 100% rating for bilateral hearing loss disability. The lumbosacral strain with degenerative arthritis is also granted.

The veteran's claims for service connection were denied, but new evidence was received that may reopen his claim for a low back disability. The veteran is presumed to have been exposed to Agent Orange in Vietnam.

The Board denied the veteran's claims of service connection for depression, breathing problems (including chronic obstructive pulmonary disease and rhinitis), erectile dysfunction, neck disability, sleep apnea, and increased rating for chronic back strain. The decision also addressed whether new and material evidence had been received to reopen previously denied claims.

The VA has determined that the veteran's service-connected degenerative disc disease of the lumbosacral spine with scoliosis warrants a 20 percent disability rating, effective October 22, 2004.

The Board has denied the veteran's claim for service connection for obstructive sleep apnea, finding no nexus between his current condition and his active military service.

The Board denied the veteran's claims for an initial compensable evaluation for service connected bilateral sensorineural hearing loss and granted service connection for PTSD, but denied his secondary service connection claims for hypertension, sleep apnea, peripheral neuropathy of the upper and lower extremities, and a skin condition. The case is remanded to obtain additional medical records and provide VA examinations.

The veteran's claims for an initial rating for his right thumb disability and service connection for degenerative arthritis of the lumbosacral spine are being remanded due to new evidence suggesting a possible inservice injury. The RO is instructed to obtain relevant medical records from Seymour Johnson AFB or Fort Lee, schedule VA examinations, and readjudicate the claims.

The Board denied the veteran's claims for service connection for PTSD, a lumbosacral strain, and upper respiratory illness due to lack of evidence supporting these conditions. The Board also found that the veteran did not perfect his appeal for the issues related to a lumbosacral strain and upper respiratory illness.

The Board has determined that the veteran withdrew his appeal for sleep apnea, a blood disease due to Agent Orange exposure, pneumonia including due to Agent Orange exposure, lupus and positive lupus anticoagulant including due to Agent Orange exposure, and peripheral neuropathy including due to Agent Orange exposure. The skin disorder characterized as basal cell carcinomas of the face and actinic keratoses of the hands and face was not incurred in or aggravated by service.

The Board denied the veteran's claims for service connection for sleep apnea, cirrhosis of the liver (claimed as liver problems), melanoma of the right leg, and a right leg scar. The claim for hypertension was granted but secondary to diabetes mellitus.

The Board found no evidence of sleep apnea during service or for many months thereafter, and the veteran's current condition was not related to active duty. The claim for service connection is denied.

The Board has granted an initial evaluation of 20 percent for the veteran's lumbosacral herniated nucleus pulposus post discetomy with radiculopathy from October 1, 2001 through June 27, 2002. A separate 10 percent evaluation is assigned for left lower extremity radiculopathy.

The Board found that the veteran's left knee disorder did not manifest during service or within a year after discharge, and is not related to his active service. The lumbosacral spine disorder was also not shown to be related to service.

The Board has remanded the case due to the need for further examination and analysis regarding whether the veteran's sleep apnea was caused by his service-connected residuals of nasal trauma, rather than merely aggravated by it. The case will be reviewed with a focus on determining the appropriate rating based on this determination.

The veteran's service-connected conditions, including migraine headaches, sleep apnea, and knee/shoulder disabilities, render him unemployable. The Board has granted a TDIU based on these conditions.

The veteran's claim for an effective date prior to January 12, 2000 for a 60 percent rating for service-connected lumbosacral strain with degenerative joint disease was granted.,The veteran's claim for an effective date prior to January 12, 2000 for a 10 percent rating for coccydynia was also granted.

The Board denied the veteran's claims for service connection for hypertension, diabetes mellitus, a back disorder, a bilateral leg disorder, sleep apnea, and depression due to herbicide exposure. The appeals were based on presumptive service connection under VA regulations.

The Board has granted service connection for a chronic back disorder and a right inguinal/scrotal hernia, but denied service connection for chronic left foot injury residuals. The veteran's right inguinal/scrotal hernia is currently rated at the maximum schedular evaluation of 60%.

The veteran's initial claim for higher ratings was granted, with a rating of 20 percent effective August 6, 2000 and increased to 40 percent from April 30, 2003. The decision also addressed the severity of his disability prior to that date.