Sleep apnea decisions — 2008

The Board has determined that the veteran's current sleep apnea is related to his active military service and grants the claim for service connection.

The Board found that none of the service-connected conditions contributed to the veteran's cause of death, which was due to complications following mitral valve replacement surgery.

The Board denied the veteran's claim for an initial rating higher than 10 percent for his service-connected lumbosacral strain, finding that the disability did not meet criteria warranting a higher evaluation based on its current manifestations.

The Board has remanded the case for additional development, including obtaining service medical records and attempting to reconstruct the veteran's service medical and personnel records through alternative means.

The veteran's initial ratings for chronic anemia and lumbosacral strain have been denied as the evidence does not meet the criteria for higher ratings under the applicable rating schedule.

The veteran's claim for service connection for sleep apnea is granted, and his increased rating for lumbosacral strain with degenerative disc changes remains at 20 percent.

The Board has remanded the veteran's claims for service connection due to conflicting evidence and a need for further examination. The case will be returned to the Board after additional development.

The Board has determined that the veteran's retinitis pigmentosa initially manifested during service and is therefore granted service connection.

The veteran's PTSD and lumbosacral strain were denied increased ratings, while service connection for hepatitis C was also denied.

The veteran is factually housebound due to his service-connected PTSD with depression prior to September 28, 2005 and beginning July 1, 2006. Special monthly compensation based on housebound status has been granted.

The Board denied service connection for a cervical spine disorder and sleep apnea. The veteran's cervical spine disorder was not shown to have manifested during service, and there is no evidence of continuity of symptomatology after service. Sleep apnea was found to be related to symptoms experienced in service.

The veteran's claim for a total disability evaluation based on individual unemployability was denied as he did not meet the schedular criteria for such an award.

The Board has denied the veteran's claims of service connection for sleep apnea and depression, finding that there is no competent medical evidence linking these conditions to his military service.

The Board has determined that there is no evidence to support the veteran's claims for service connection for low back and right leg disabilities, finding that any current conditions are not related to his military service.

The veteran is service-connected for multiple conditions including lumbosacral strain with arthritis, left ankle sprain post-operative changes, fibromyalgia, hysterectomy and major depressive disorder. The VA has determined that the veteran's service-connected disabilities preclude her from walking without assistance, warranting specially adapted housing but not a special home adaptation grant.

The Board has determined that there is no competent evidence to show that the veteran's current sleep apnea did not begin during service and is not causally related to a disease, injury or event in service. As such, the claim for service connection for sleep apnea is denied.

The Board has determined that the veteran's current sleep apnea was not incurred in or aggravated by active service, and therefore denied his claim for service connection.

The Board has determined that the veteran's rosacea warrants a 30 percent rating, effective December 18, 2006, under DC 7800. This is based on her condition causing more than six square inches of hyperpigmentation and abnormal texture.

The veteran's service-connected disabilities do not meet the criteria for a TDIU based on their combined rating of 60 percent, and his employment difficulties are attributed to factors unrelated to his service-connected conditions.

The veteran's claims for hearing loss in the left ear and chronic otitis media in the right ear were denied. Service connection was granted for chronic otitis media, but not for hearing loss in the left ear. The veteran is not entitled to an initial compensable rating or special monthly compensation based on deafness.