Sleep apnea decisions — 2008

The Board has determined that new and material evidence has not been received to reopen the veteran's claims for service connection of a right shoulder disorder, but has found new and material evidence in support of his claim for degenerative joint disease of the lumbosacral spine. The Board is unable to determine if the current back condition is related to military service.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to assess the veteran's ability to work due to his service-connected conditions.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a new VA examination to assess the current severity of the veteran's lumbosacral strain and right knee conditions. The veteran is also entitled to an increased rating for his disabilities.

The Board denied the veteran's claims for increased ratings for plantar fasciitis of his feet and service connection for lumbosacral strain with degenerative disc disease. The decision is pending further development.

The Board has remanded the case for further development, including obtaining medical records and providing an examination to determine if the veteran's current low back conditions are related to his active duty service.

The Board has determined that the veteran's current lumbosacral strain is not related to his active service and denied his claim for service connection.

The veteran's claim for an increased rating for lumbosacral strain with disc disease is being remanded due to the failure to appear for a scheduled VA examination and the need to provide corrective notice in accordance with Vazquez-Flores.

The veteran's appeal is being remanded for additional development, including VA examinations and the retrieval of relevant records.

The Board has granted the veteran's claim, finding that hypertension is proximately due to or the result of his service-connected obstructive sleep apnea.

The Board granted the veteran's claims of service connection for obesity, diabetes mellitus, hypertension, sleep apnea, depression, a skin rash, and an eye disability as secondary to his service-connected hypothyroidism.

The Board finds that the evidence supports a finding that the veteran's sleep apnea began in service, and grants entitlement to service connection for this condition.

The Board has determined that the veteran is entitled to NSC pension effective October 4, 2004, based on his total disability due to multiple service-connected disabilities. The effective date was granted as it is the earliest possible date when the record showed the criteria for NSC pension were met.

The Board granted a rating of 60 percent for the veteran's service-connected lumbosacral strain with secondary degenerative disc disease, effective from September 25, 2003.

The veteran's appeal has been withdrawn, and the case is dismissed.

The VA granted service connection for sleep apnea but assigned a zero percent evaluation, effective from April 20, 2001.

The veteran's service-connected disabilities do not meet the criteria for specially adapted housing or special home adaptation grant due to his inability to walk without assistance and the lack of structural adaptations needed in his home.

The veteran's claim for an increased rating for lumbosacral strain with scoliosis prior to July 8, 2003 is granted. The claim for an increased rating for sinusitis remains pending.

The veteran's chronic lumbosacral strain with degenerative disc disease and herniated nucleus pulposus L4-5 is currently rated at 40 percent, effective August 30, 2002.,His right inguinal hernia repair with residuals is currently rated at 10 percent, also effective August 30, 2002.,The veteran's status-post meniscectomy of the left knee with residuals is currently rated at 10 percent, also effective August 30, 2002.

The Board has determined that the veteran's lumbosacral strain with degenerative disc disease is related to his military service and grants service connection. The veteran's bilateral hearing loss does not meet the criteria for a compensable evaluation, as his puretone thresholds are within normal limits or below the threshold for compensation under VA rating criteria. The scars from shrapnel wounds do not warrant a higher evaluation.

The Board has remanded the case for further development, including obtaining medical records and arranging for a VA examination to determine the etiology of the veteran's knee arthritis and the current severity of his lumbar spine disorder.