Sleep apnea decisions — 2008

The veteran's service-connected disabilities, including lumbosacral strain, depression and anxiety, peripheral neuropathy of the left lower extremity, and right great toe disorder, have rendered him unable to secure or follow a substantially gainful occupation. His TDIU claim is granted.

The Board has ordered the case to be remanded for additional development, including obtaining medical records and scheduling a VA examination.

The veteran's sleep apnea is rated at a 30 percent evaluation after March 1, 2006. His allergic rhinitis remains noncompensably disabled.

The Board finds that the veteran's sleep apnea was not incurred or aggravated during her military service and is not proximately due to, the result of, or chronically aggravated by PTSD. Therefore, the claim for service connection for sleep apnea including as secondary to PTSD is denied.

The Board denied the veteran's claims for service connection for sleep apnea, gout, and pes planus. The evidence did not show a link between these conditions and his military service.

The Board denied the veteran's claim for an initial increased evaluation for his service-connected chronic low back syndrome with intermittent lumbosacral strain, finding that the current disability is not related to his service-connected condition and is instead due to a work-related injury.

The veteran's claims for service connection are being remanded due to the need for additional development, including a VA examination and issuance of a Statement of the Case (SOC).

The veteran's service-connected disabilities (lumbosacral strain with degenerative changes and hemorrhoids) do not render him unemployable, as he is currently working full-time as a truck driver.

The Board has determined that the veteran's chronic lumbar strain does not warrant an evaluation in excess of 10 percent.

The Board has dismissed the appeal for a rating in excess of 40 percent for lumbosacral strain, to include pain to the hips and lower extremities due to the veteran's request for withdrawal.

The Board has determined that the veteran does not currently suffer from a bilateral hip/leg disability and denied his claim for service connection. The issue of an increased rating for the service-connected degenerative joint disease of the lumbosacral spine is also addressed in this decision.

The Board has determined that the veteran's sleep apnea and depression are not related to his active service, as there is no evidence of a current disability or in-service event. The Board finds that the veteran's claims for these conditions cannot be granted on a direct basis.

The Board granted a disability rating of 20 percent for lumbosacral strain and found that the veteran's left meralgia paresthetica warranted a separate noncompensable rating under Diagnostic Code 8529. The effective date was not specified.

The Board has reopened the veteran's claim for service connection for asthma. However, it was determined that asthma did not exist prior to service and was not aggravated by active service. The other claims were also denied as there is no evidence of arthritis, hernia repair, cervical spine disorder, or low back disorder during service. The parakeratotic squamous mucosa with focal acute inflammation of the soft palate claim was also denied.

The Board has remanded the case for further development, including obtaining medical records and scheduling examinations to determine the severity of the veteran's service-connected conditions.

The Board has determined that the veteran does not have a current disability for which service connection can be granted, including bilateral hearing loss, anxiety disorder, sleep apnea, body and leg cramps, or hypertension. The claims are therefore denied.

The Board has ordered additional service treatment records to be obtained and a VA examination conducted if necessary. The veteran's claim for service connection for sleep apnea, including as due to an undiagnosed illness, is being remanded for further action.

The Board has granted service connection for left and right knee disabilities (arthritis) and sleep apnea, finding that all three Hickson elements are met.

The veteran's employment as a Director in Instructional Programs has been deemed sufficient to meet his rehabilitation goals, and he is therefore considered rehabilitated.

The Board finds that the veteran's low back disorder is related to his active service.,While the veteran has bilateral hearing loss, it was not incurred in or aggravated by active service.