Sleep apnea decisions — 2008

The Board has remanded the case for additional development, including obtaining VA and private treatment records, scheduling a VA examination, and considering the provisions of 38 C.F.R. § 3.310 and Allen v. Brown.

The Board denied the veteran's claims for increased ratings for his service-connected degenerative joint disease of the lumbosacral spine, post-operative meniscectomy of the right knee, and traumatic arthritis of the right knee. The RO had previously granted a 40% rating effective December 18, 1989.

The veteran's lumbosacral strain has not been manifested by unfavorable ankylosis of the lumbar spine, unfavorable ankylosis of the entire thoracolumbar spine, or objective evidence of compensable adverse neurological symptomatology. Therefore, a higher rating is denied.,Since August 7, 2003, the veteran's tinea versicolor has not been manifested by involvement of over 20 to 40 percent of the entire body, or involvement of 20 to 40 percent of exposed areas, nor has systemic therapy such as corticosteroids or other immunosuppressive drugs been required for a total duration of six weeks or more, but not constantly, during a twelve month period. Therefore, a higher rating is denied.

The Board granted a disability rating of 20 percent for the veteran's service-connected lumbar spine disability prior to March 7, 2007. The veteran was previously rated at 20 percent and now receives an increase to 40 percent effective from April 12, 2005.

The Board found that the veteran's cervical and lumbar spine disabilities are not related to his service-connected bilateral knee disabilities, and thus denied these claims.

The VA denied the veteran's claim for an initial rating in excess of 50 percent for his service-connected obstructive sleep apnea, as his symptoms did not meet the criteria for a higher rating under the applicable diagnostic code.

The Board has reopened the veteran's claims for service connection for sleep apnea, neuralgia of the right arm, and tinnitus. The appeals are granted as new and material evidence was received.

The Board denied the veteran's service connection claims for lumbar and cervical spine disabilities, finding no evidence to support a direct or secondary relationship between these conditions and his active duty service.

The veteran's claim for special monthly pension by reason of need for regular aid and attendance has been granted due to his multiple nonservice-connected disabilities, including COPD with sleep apnea, major depressive disorder, lumbar stenosis, diabetes mellitus (type II), and hypertension. The Board found that the veteran requires daily assistance in performing certain activities.

The veteran's GERD is not shown to be manifested by persistently recurrent gastric distress with dysphagia, pyrosis, and regurgitation, accompanied by substantial arm or shoulder pain, productive of considerable impairment of health.,The veteran does not have a medically supportable diagnosis of PTSD due to a verified stressor or other potentially verifiable event or incident of his period of active service.,By extending the benefit of the doubt to the veteran, his disability manifested by an anxiety disorder is due to disease that was incurred in active service.,The veteran does not have a current disability manifesting cervical spine pain due to any event or incident of his active service.,The veteran's lumbosacral spine pain is not shown to be due to an injury or other event or incident of the veteran's period of military service.

The Board has remanded the veteran's claims for PTSD, heart condition, sleep apnea, major depressive disorder, and memory loss to allow for proper development of evidence, including notification regarding personal assault claims and VA treatment records.

The veteran's appeal is remanded for further development, including a medical opinion assessing his ability to secure and follow substantially gainful employment due to his service-connected disabilities.

The Board denied the veteran's claims for service connection for obesity, hypertension, sleep apnea, and exertional chest pain. The Board found that there was no competent medical evidence linking these conditions to his military service or any service-connected disabilities.

The veteran is seeking service connection for sleep apnea, which he claims began during his military service. However, the VA has not provided a VA examination to determine its etiology due to the short period of time between separation from service and diagnosis.

The Board denied service connection for cervical and lumbosacral spine disabilities, finding that the evidence did not support a direct relationship to service.

The Board denied the veteran's claims for service connection for lumbar radiculopathy, increased evaluation for lumbosacral strain, and increased evaluation for hypothyroidism. The decision found that there was no evidence of lumbar radiculopathy or a basis to grant an increased rating for either disability.

The Board found that the veteran's sleep apnea was not incurred or aggravated in service and is not related to his other service-connected conditions, including depression and hypertension. The claim for service connection was denied.

The Board denied the veteran's claims for service connection for obstructive sleep apnea secondary to his service-connected sinusitis, eligibility for financial assistance in acquiring an automobile and adaptive equipment or adaptive equipment only, and SMC based on the need for regular aid and attendance. The evidence did not support a finding of significant disabilities requiring daily personal assistance.

The Board found that the veteran's currently diagnosed mixed obstructive sleep apnea is not etiologically related to symptoms clinically attributed to rhinitis during service, and therefore denied his claim for service connection.

The veteran's claim for an increased evaluation of his service-connected lumbosacral disc disease with osteoarthritis and left leg pain is being remanded due to the need for proper notice under Vazquez-Flores v. Peake, No. 05-0355 (U.S. Vet. App. January 30, 2008), and a VA examination.