Sleep apnea decisions — 2008

The Board found that the veteran's pre-existing low back disorder was not aggravated by active service.

The veteran's lumbosacral strain with degenerative disc disease is not entitled to an evaluation in excess of 40 percent, but he is granted separate 10 percent evaluations for right and left lower extremity radiculopathy from December 12, 2005.

The veteran's claims for increased ratings for lumbosacral strain, right knee chondromalacia patella, and right hip tendonitis are being remanded to obtain additional evidence.

The Board remands the claims for service connection for chronic obstructive pulmonary disease, benign prostatic hypertrophy, hypertension, erectile dysfunction, and sleep apnea as secondary to diabetes mellitus for further development.

The veteran's claims for increased ratings for lumbosacral strain and radiculopathy of the left lower extremity are being remanded to obtain additional evidence.

The veteran's appeal was dismissed due to his death.

The veteran is entitled to a total disability rating based upon individual unemployability due to his service-connected degenerative joint disease of the lumbosacral spine, and the claim for service connection for a neck condition was denied.

The Board denied the veteran's claims for service connection for a right knee disability and increased ratings for chronic traumatic fasciitis and degenerative disc disease of the lumbosacral spine, as well as status-post ACL repair, left knee.

The veteran's claims for increased ratings and service connection were denied as the evidence did not support higher disability ratings or additional service-connected conditions.

The veteran's claim for service connection for an acquired psychiatric disorder, variously classified, was reopened and granted based on new evidence showing the condition during service. The claims for a low back disability, knee disability, and sleep apnea are being remanded.

The appeal is remanded to the RO for further development and consideration of increased ratings for hypertension, lumbosacral strain with degenerative joint disease, and arthritis in both knees.

The veteran's chronic lumbosacral strain is not productive of flexion of the thoracolumbar spine of 60 degrees or less; combined range of motion of the thoracolumbar spine of 120 degrees or less; or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis.

The Board denied service connection for sleep apnea but granted service connection for a chronic sleep disorder other than sleep apnea, which is related to the veteran's service-connected restless leg syndrome.

The veteran's asthma, degenerative joint disease of the lumbosacral spine, skin condition on the back of the head, left foot rash disorder, and right foot rash disorder are unrelated to his service and not caused or aggravated by his service-connected PTSD.

The Board denied service connection for the cause of the veteran's death, eligibility for Dependents' Educational Assistance under 38 U.S.C. Chapter 35, and entitlement to burial benefits.

The appeal is remanded to the RO for scheduling a Travel Board hearing.

The Board denied service connection for gout and obstructive sleep apnea, as the preponderance of evidence did not support a finding that these conditions were incurred in or aggravated by active service.

The veteran withdrew his appeals for service connection for hypertension, allergic rhinitis, Raynaud's syndrome, a bladder disorder, a urinary tract disorder, impotency, residuals of a cold injury, depression, PTSD, and an acquired mental disorder other than depression and PTSD. The claims for service connection for a skin disorder of the feet, arms, and legs, and rosacea were denied as there is no evidence linking these conditions to his military service or herbicide exposure.

The Board denied service connection for a chronic respiratory disorder, including sleep apnea, as there was no evidence of a chronic respiratory disorder other than sleep apnea and no evidence linking the veteran's symptoms to his military service.

The veteran's claim for service connection for a pulmonary/respiratory disability is being remanded to the RO via the Appeals Management Center (AMC) for further development.