Sleep apnea decisions — 2008

The Board has determined that the veteran's obstructive sleep apnea did not have its onset during active service or result from disease or injury in service. Therefore, the claim for service connection is denied.

The Board has remanded the case due to incomplete service records and a need for further examination. The veteran's claim of entitlement to service connection for sleep apnea is pending.

The Board has remanded the case for further development, including a neurological examination to determine if there are separate ratable neurological manifestations associated with the veteran's service-connected low back disability.

The Board found that the veteran's death was not caused or contributed to by any service-connected disability, and denied the claim for service connection for the cause of death.

The VA granted service connection for osteoarthritis of the left knee and assigned a 10 percent evaluation, effective January 18, 2005.,The VA denied an increased rating for degenerative disc disease, degenerative joint disease of the lumbosacral spine.

The Board has granted service connection for sleep apnea and lumbar spine arthritis, finding that the conditions are related to service-connected nasal fracture. The veteran is currently rated at 10% for residuals of nasal fracture.

The Board denied the veteran's claim for service connection for lymphosarcoma, which he claimed was due to exposure to ionizing radiation during his military service. The evidence did not support a finding that the lymphosarcoma resulted from such exposure.

The veteran's service-connected disabilities, including his lumbosacral spine injury with traumatic arthritis and neck injury with degenerative changes, are rated at 60 percent combined. The Board finds that these disabilities reasonably show him to be precluded from participating in any regular substantially gainful employment.

The veteran's claim for an initial compensable evaluation prior to March 1, 2006 and a higher evaluation beginning March 1, 2006 for service-connected narcolepsy with sleep apnea is being remanded due to the need for additional development of his medical records.

The veteran's service-connected low back disability and associated right lower extremity radiculopathy are currently rated at 20 percent. The Board found no evidence of flexion limited to 30 degrees or less, nor any ankylosis of the spine, which would warrant a higher rating under DC 5237. There were also no incapacitating episodes of intervertebral disc syndrome lasting at least four weeks but less than six weeks during the last twelve months.

The veteran seeks payment or reimbursement for unauthorized medical expenses incurred at OU Medical Center in Oklahoma City, Oklahoma from September 1 to September 2, 2004. The case is being remanded due to the need for clarification on Medicare payments and outstanding balances, a request for a VA opinion regarding whether any condition treated was related to her service-connected disabilities, and the need to verify the veteran's contentions about ambulance diversion.

The Board found that there is no evidence to support the veteran's claim of service connection for residuals of a stroke, as his stroke was not causally related to service or any incident of service. The preponderance of the evidence is against finding that inflammation associated with his service-connected low back disability caused or contributed to his stroke.

The veteran's claim for an initial evaluation in excess of 10 percent for his service-connected degenerative joint and disc disease of the lumbosacral spine is granted. However, the issue of whether there was clear and unmistakable error (CUE) in a prior August 1953 rating decision denying service connection for low back disability must be addressed along with the claim for an effective date prior to November 19, 2004.

The veteran's service-connected disabilities do not meet the criteria for a TDIU rating under either the percentage or extraschedular standards.

The veteran's lumbosacral strain with traumatic arthritis is currently rated at 40 percent disabling, which represents the maximum schedular rating available for this condition.

The VA denied an increased evaluation for the veteran's post-stress discopathy of the lumbosacral spine, currently rated at 20 percent. The evidence showed forward flexion to 70 and 80 degrees without incapacitating episodes.

The Board denied the veteran's claims for service connection and increased ratings for various disabilities, finding that the evidence did not support a causal relationship between her current conditions and her military service.

The veteran's claims for a higher disability rating for his lumbosacral strain and for a TDIU are being remanded to the RO for additional development, including obtaining SSA records and considering new evidence.

The Board denied the veteran's claims for service connection for depression, sleep apnea, and a chronic respiratory disability due to lack of evidence showing these conditions were incurred or aggravated by his military service.

The veteran's appeal is being remanded for a Board video conference hearing. The issues include service connection for sleep apnea, residuals of a head injury, and reopening the claim for cervical spondylosis with radiculopathy.