Sleep apnea decisions — 2008

The Board has denied the veteran's claims of service connection for dermatofibrosarcoma protuberans, cervical dysplasia, and migraine headaches as these conditions are not shown to be related to her active military service.

The Board has remanded the case due to failure to provide VCAA notice and because additional evidence is needed from various VA facilities and healthcare providers.

The Board has determined that the veteran's current sleep apnea and right eye disorder did not begin during service or are otherwise related to service. The claims for these conditions have been denied.

The Board denied the veteran's claims for service connection for sleep apnea, as secondary to his service-connected nasal fracture. The ratings for the residuals of a nasal fracture and bilateral hearing loss were also denied.

The Board denied the veteran's claims of service connection for PTSD, sleep apnea, and cataplexy due to insufficient evidence to support these claims.

The Board denied the veteran's claim for an effective date earlier than June 10, 1999, for the grant of a total disability evaluation based on individual unemployability (TDIU). The decision found that there was no medical evidence showing the veteran's service-connected lumbosacral strain precluded him from securing or following substantially gainful employment in the year prior to June 10, 1999.

The veteran's service-connected disabilities require him to be in need of regular aid and attendance, warranting special monthly compensation based on the need for aid and attendance.

The veteran's appeals for earlier effective dates have been withdrawn, and his claims are dismissed.

The Board has reopened the veteran's claim of service connection for fibromyalgia and granted it. The claims for hypertension, pseudofolliculitis barbae, chronic rash/rosacea, and a periumbilical scar have been addressed.,Pseudofolliculitis barbae and chronic rash/rosacea were found to be incurred in service.

The veteran's claims for service connection for asbestos-related disorder, asthma, sleep apnea, and fungal disorder on the foot and back are all denied as there is no competent medical evidence showing current diagnoses of these conditions.,Service connection for hypertension is also denied as there is no evidence of hypertension during service or within one year post-service.

The VA denied the veteran's claim for service connection of sleep apnea as there is no current diagnosis and no evidence linking it to military service.

The Board has determined that the veteran's obstructive sleep apnea is not attributable to his service, and therefore denied his claim for service connection.

The veteran's claims for increased ratings for lumbosacral strain and PTSD were denied by the Board. The decision did not address service connection issues.

The Board denied service connection for a chronic gastrointestinal disorder and lumbosacral strain, finding that the evidence did not support a nexus to service.

The Board has remanded the case for compliance with its April 2007 remand directives, including providing the veteran with proper notice and additional evidence. The case will be reviewed by the RO after all necessary development is completed.

The Board found that the veteran's lumbosacral strain with herniated disc at L4-5 primarily manifested as persistent and chronic low back pain, severe limitation of motion, and lumbar radiculopathy. The disability did not meet criteria for a higher rating due to lack of vertebral fracture with cord involvement or unfavorable ankylosis of the lumbar spine.

The VA determined that the veteran's lumbar spine disability, which is manifested by forward flexion to 55 and 90 degrees without any ankylosis, does not warrant a higher evaluation than the current 20 percent rating.

The veteran's appeal is remanded for further consideration of the rating for her low back disability, including intervertebral disc syndrome criteria and extraschedular considerations. The RO must also provide proper notice regarding the specific criteria necessary for increased ratings.

The Board has determined that the veteran's low back disability was not incurred in or aggravated by service, and arthritis of the lumbosacral spine may not be presumed to have been so incurred.

The veteran's claims for increased evaluations for lumbosacral strain with degenerative disc disease have been denied as the evidence does not meet the criteria for any of the requested higher disability ratings under the applicable VA rating schedule.