Sleep apnea decisions — 2008

The Board denied the veteran's petition to reopen his previously denied claims for service connection for ADHD, depression, dysthymia, and allergies. The effective date of the increased rating for sleep apnea from February 10, 2004 was also denied.

The Board has determined that additional development is necessary to properly adjudicate the appellant's claim for service connection for the cause of the veteran's death due to atherosclerotic cardiovascular disease and sleep apnea. This includes obtaining medical records, conducting expert opinions on etiology, and considering all relevant evidence.

The Board denied the veteran's claims for service connection and an increased rating for his lumbosacral spondylosis, finding that it was not related to his service-connected knee disabilities. The left knee disability is rated at 10%.

The Board has determined that additional development is needed to determine whether the veteran's quadriplegia and other disabilities are related to a December 2002 VA cervical spine tumor resection surgery, including issues of informed consent and negligence.

The Board has determined that the submitted evidence does not raise a reasonable possibility of substantiating the veteran's claims for service connection for hypertension, right shoulder injury, headaches (claimed as secondary to an in-service motor vehicle accident), swelling of the right leg, and sleep apnea.

The Board has determined that the veteran's service-connected residuals of left femur chondrosarcoma warrant a 60 percent disability rating, which is the maximum available under the VA Schedule for Rating Disabilities.

The Board denied the veteran's claim for an evaluation in excess of 20 percent for his lumbosacral strain with minimal spurring and degenerative disc disease, as the criteria for a higher rating were not met.

The Board denied the veteran's claim for a higher disability rating for his lumbosacral strain, finding that it did not meet the criteria for a higher rating based on the current evidence of record.

The Board found that the veteran's sleep apnea was not incurred in service and denied his claim.

The VA denied an increase in the veteran's rating for his low back disability, which is currently rated at 10 percent. The VA found that the veteran's condition did not meet criteria warranting a higher rating based on incapacitating episodes or other factors.

The VA determined that the veteran's service-connected lumbosacral strain does not warrant an increased rating beyond the current 10 percent evaluation.

The Board has granted a 20 percent rating for the veteran's chronic lumbosacral strain with pain radiating to the left hip, effective from November 13, 2007. The initial claim was denied prior to this date.

The Board has denied the veteran's claims for service connection for a cervical disability, finding that it is not related to service or secondary to his service-connected right shoulder tendonitis. The claim for service connection for lumbosacral strain was granted as it is considered a service-connected condition.

The veteran's claim for an earlier effective date of increased rating for lumbosacral strain has been denied as the earliest appropriate effective date is prior to April 12, 1995.

The veteran is seeking an effective date prior to June 12, 2001 for a 40 percent evaluation for his service-connected herniated disc L4-L5 with S1 irritation. The Board found that it was not factually ascertainable prior to this date that the criteria for a 40 percent rating were met.,The veteran is also seeking an effective date prior to June 14, 2004 for a 60 percent evaluation for his service-connected herniated disc L4-L5 with S1 irritation. The Board found that it was factually ascertainable as of September 23, 2002, that the criteria for a 60 percent rating were met under new regulations.

The veteran's claim for an increased rating for lumbosacral strain is being remanded due to the need for a new VA examination and compliance with VCAA notification requirements.

The veteran's claims for increased ratings and a permanent total disability rating were denied. The initial rating for lumbosacral strain with arthritis remains at 20 percent, while the GERD claim is rated as noncompensable.

The Board has determined that further action is needed to evaluate the veteran's service-connected lumbosacral strain and to address his claim for service connection for benign prostatic hypertrophy. The RO must arrange for a VA examination of the veteran's lumbar spine, obtain all relevant medical records, and provide the veteran with an opportunity to respond to the request for information.

The veteran's extensive use of a pneumatic drill in service has contributed to his current bilateral carpal tunnel syndrome with neurologic dysfunction in the right wrist. The Board finds that this disorder is at least as likely as not due to his service, and grants service connection for this condition.

The Board has granted service connection for hypertension secondary to the veteran's service-connected diabetes mellitus disability. The claim for pes planus was denied as new and material evidence had not been received.