Sleep apnea decisions — 2008

The Board has granted service connection for asthma, lumbosacral strain, and GERD. The effective dates for these grants are being deferred due to the inextricability of the issues.

The Board found that the veteran's osteoarthritis of the lumbosacral spine was not incurred in or related to his military service, and thus denied the claim.

The Board has decided to remand the case for further development, including obtaining medical records and scheduling a VA examination.

The veteran's claims for service connection are being remanded due to the need for additional medical examinations and opinions regarding his hearing loss, tinnitus, and back disorder.

The Board has determined that the veteran's obstructive sleep apnea is service-connected, with reasonable doubt resolved in favor of the veteran.

The Board denied the veteran's claims for a higher rating for his right knee disability and service connection for a low back disability, finding that his current lumbosacral strain was not incurred in or caused by active service. The Board also found that his service-connected right knee disability did not cause or aggravate his claimed low back disability.

The Board has granted service connection for the veteran's hypertension, peripheral neuropathy, diabetes mellitus, type II, sleep apnea, and morbid obesity as secondary to his service-connected major depressive disorder.

The Board denied the veteran's claims for increased ratings for his service-connected degenerative disc disease of the lumbosacral spine and cervical spine disability, as well as his claim for service connection for lower extremity paresthesias. The RO had previously granted service connection for these conditions but did not assign any initial evaluations.

The veteran has withdrawn his appeal, and the case is dismissed.

The veteran's appeal is being remanded for a BVA hearing at the local VA office.

The veteran's service records show diagnoses of mild stress reactions in her right ankle and both knees during active duty. However, she does not have current diagnoses or treatment for hypertension, fibromyalgia, sleep apnea, a right ankle disorder, or a bilateral knee disorder. Service connection is denied as there is no evidence of current disabilities.

The Board has determined that the veteran's sleep apnea began during his military service and continued until it was diagnosed in 2003, granting service connection for this condition.

The veteran's appeal is being remanded to the RO for a Travel Board hearing. The issues include seeking increased evaluation for lumbosacral strain, service connection for secondary bilateral hip and knee conditions, and service connection for secondary ankle conditions.

The Board has determined that the veteran does not have degenerative disc disease of the lumbosacral spine that is attributable to his active military service and therefore denied the claim for service connection.

The veteran's service-connected disabilities do not meet the criteria for a certificate of eligibility for financial assistance in acquiring specially adapted housing or a special home adaptation grant.

The Board denied the veteran's claims for increased evaluations for his low back disability and bilateral hearing loss, as well as service connection for sleep apnea and GERD. The veteran was not granted any new evaluations or connections.

The Board denied the veteran's claims for a higher rating for his low back disability and service connection for left and right knee disabilities, finding that the evidence did not support an evaluation in excess of 40 percent or service connection based on secondary to a low back disability.

The Board has determined that additional development is needed to address the veteran's claims for service connection and increased rating, including scheduling appropriate VA examinations.

The Board denied the veteran's claims for service connection for bronchial disability and lumbosacral strain/thoracic spine disability, as well as his claim for TDIU due to lack of evidence supporting these claims. The veteran does not have any service-connected disabilities.

The veteran's lumbosacral strain was rated at 10 percent effective February 29, 2008.