Sleep apnea decisions — 2008

The Board has remanded the case due to insufficient examination and incomplete evidence, requiring further development of the claims.

The Board finds that the veteran does not have any of the claimed conditions diagnosed in service or within one year after discharge, and there is no competent medical evidence linking these conditions to his military service. The claim for asbestos-related lung disease also fails as there is no competent medical evidence of a current disability related to asbestos exposure.

The veteran's claim for higher ratings for his back disability was denied. The initial rating of 10 percent prior to July 22, 2008, and the increased rating of 20 percent after that date were both denied.

The Board has determined that the veteran's service-connected lumbosacral strain warrants a 20 percent disability rating, effective from the date of the claim.

The veteran has withdrawn his appeals for the denial of service connection for a rash of the left ankle and lumbosacral strain.

The veteran's appeal was denied for increased evaluations and service connection. The gunshot wound to the cervical spine at C2 remains rated at 20 percent.

The Board has denied the veteran's claim to reopen his service connection for residuals of a low back injury with variation of lumbosacral joint area as new and material evidence was not received.

The Board has determined that new and material evidence has not been received to reopen the veteran's previously denied claims of entitlement to service connection for amnesia, PTSD, and lumbosacral strain.

The Board has decided that the veteran's claim for service connection for a breathing disability, to include sleep apnea, requires additional development and an examination.

The Board has determined that the veteran's death was not caused by or related to premature ventricular contractions (PVCs) noted during service, and therefore denied the claim for service connection for the cause of the veteran's death.

The Board found that there is no competent evidence showing the veteran's current low back disability, to include DJD of the lumbosacral spine, stems from his period of active duty training (ACDUTRA) in 1979.

The Board denied the veteran's claims for service connection for sleep apnea/insomnia, chloracne as secondary to herbicide exposure, a cervical spine disability, and peripheral neuropathy. The veteran's complaints of these conditions were not found to be related to his time in service.

The Board denied the veteran's claims for increased ratings for his lumbar and thoracic spine disabilities, finding that the evidence did not meet the criteria for higher ratings under the applicable VA rating criteria.

The Board found that the appellant's acquired psychiatric disorder, including anxiety and/or mood disorders, was not incurred in or aggravated during service. The evidence did not support a finding of service connection for these conditions.

The Board finds that the veteran's lumbosacral strain is proximately due to, and the result of, his service-connected left ankle disability.

The Board has granted a 20 percent rating for the service-connected degenerative joint disease of the lumbosacral spine from December 6, 2005. The claim for increased ratings for COPD remains unresolved.

The Board has granted service connection for the claimed conditions, but denied earlier effective dates. The veteran's claims are based on direct service connection and not due to a presumption or new evidence.

The Board has determined that the veteran's claims for service connection for hearing loss, tinnitus, and sleep apnea are denied. The claim for service connection for a respiratory illness and skin disease of the feet is also denied as new and material evidence was not submitted to reopen these claims.

The Board has reopened the veteran's claim for service connection for prostatitis and granted it. The Board also found that the veteran's degenerative arthritis of the lumbosacral spine is related to his active duty service.

The Board has determined that the veteran's current low back disorder, diagnosed as Degenerative Disc Disease of the Lumbosacral Spine, was not incurred or aggravated in service and is not related to his military service. The claim for service connection is therefore denied.