Sleep apnea decisions — 2008

The veteran's appeal is being remanded for additional development, including a VA examination and issuance of a Statement of the Case regarding service connection for a kidney disorder.

The VA surgery on July 22, 2005 did not result in an additional disability to the veteran that was caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on part of VA.

The Board has remanded the veteran's claims for service connection for chronic lumbosacral and cervical strain due to perceived deficiencies in the analysis provided in the January 2007 decision, and for compliance with the statutory duty to assist.

The Board found that the veteran's headaches, shortness of breath, sleep apnea, and redness of the face are not related to the VA-prescribed medication Felodipine. The Board concluded that the proximate cause of these conditions is not reasonably foreseeable or due to VA fault in providing medical treatment.

The Board denied the veteran's claims for service connection for degenerative joint disease of the lumbosacral spine and hepatitis C, finding that these conditions did not manifest in service or within one year and were not causally related to military service.

The veteran's claims for service connection for obstructive sleep apnea and palmar pitting porokeratoses were denied, while his claim for an increased rating for bilateral pes planus was granted with a 50% rating effective April 23, 2005.

The veteran's PTSD, chronic lumbosacral strain with degenerative disc disease at L5-S1 and bilateral sacroiliac arthralgia, and residuals of laparotomy due to bowel injury are all rated as 30%, 40%, 10% respectively. The combined disability rating is 70%. The veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment.

The Board denied the veteran's claims for increased ratings for lumbosacral strain and dermatophytosis of the hands and feet, finding that the evidence did not support a higher rating under the applicable diagnostic codes.

The Board has denied the veteran's claims for service connection for a skin disorder due to Agent Orange exposure and for a disability due to asbestos exposure, finding no evidence of current disabilities or a link between these conditions and his military service.

The veteran's lumbar spine disability was initially rated as 10 percent prior to January 22, 2007 and increased to 40 percent on and after that date.,Prior to January 22, 2007, the veteran's condition met criteria for a 20 percent evaluation. On and after January 22, 2007, the disability did not warrant an evaluation in excess of 40 percent.

The veteran's appeal is remanded due to the need for proper VCAA notice prior to initial adjudication.

The Board has determined that the veteran's lumbosacral strain is at least as likely as not related to her active service, and therefore grants her claim for service connection.

The veteran's low back disability was rated at 10 percent prior to June 11, 2004 and increased to 60 percent from that date due to pronounced intervertebral disc syndrome.

The Board has determined that the veteran's service-connected low back disability does not warrant a higher rating, as it is currently evaluated at 20 percent.

The veteran's claims for increased evaluations and service connection were partially granted. The lumbosacral strain claim was denied, the right fifth metatarsal fracture claim was granted with a 20% evaluation, left hammertoes status post arthroplasty (toes two through five) prior to April 6, 2001 were denied and from June 1, 2001 onwards were granted with a compensable evaluation, and the bilateral trochanteric bursitis claim was granted as secondary to service-connected residuals of fractures of the right fifth metatarsal.

The Board has reopened the veteran's claim for service connection for a lumbosacral spine disability. The claims for bilateral knee disorder and chronic vestibulopathy are remanded due to inadequate examination report.

The veteran's claims for increased ratings for various knee and back disabilities, as well as right ear hearing loss, were denied by the Board of Veterans' Appeals.

The veteran's appeal is being remanded due to the need for proper VCAA notification regarding increased rating for his lower spine disorder.

The Board has determined that the veteran's sleep apnea is related to his service-connected hepatitis C and grants the claim for service connection.

The Board denied the veteran's claims for increased evaluations for his service-connected lumbosacral strain and right plantar fasciitis, finding that the evidence did not support a rating in excess of 10 percent.