Sleep apnea decisions — 2008

The Board found no evidence of a chronic disease present during service, and denied the veteran's claims for service connection as there is insufficient evidence to establish a link between current back disorders and his military service.

The Board denied the veteran's claims of service connection for a lumbosacral spine disability, a right hip disability, and PTSD due to lack of evidence linking these conditions to his active service.

The veteran's chronic sleep apnea and tinnitus have been granted service connection, but the maximum schedular evaluation for tinnitus (10%) has been assigned. The effective date of the award for tinnitus is not being granted.

The Board denied the veteran's claim of service connection for sleep apnea, finding that there was no evidence of an in-service diagnosis and concluding that the condition did not develop during active duty.

The Board found no evidence of sleep apnea during service and denied the claim for service connection.

The veteran withdrew his appeal regarding the claim of service connection for headaches, joint pain, and muscle pain (other than associated with the already service-connected lumbosacral strain with degenerative disc disease, L5-S1).

The Board has granted a 70 percent rating for the veteran's service-connected retinitis pigmentosa, effective from February 24, 2003.

The veteran's obstructive sleep apnea has been rated at 30 percent since September 2003. The Board has now granted a higher rating of 50 percent, which requires the use of a breathing assistance device such as a CPAP machine.

The veteran's lumbosacral strain is currently evaluated at 20 percent, reflecting the range of motion and associated symptoms. The evaluation remains unchanged.

The Board denied the veteran's claims for earlier effective dates for his increased disability rating and TDIU, finding that the earliest date as of which it was ascertainable that an increase in his service-connected low back disability occurred was December 7, 2004.

The veteran's appeal is being remanded for additional development, including obtaining VA medical records and scheduling a VA examination to assess the severity of his service-connected chronic lumbosacral strain.

The veteran's claim for service connection for PTSD was granted effective November 8, 2001.

The veteran's claims for increased ratings for his service-connected right wrist fracture, lumbosacral spine disability, and cervical spine disability were denied. The RO assigned the maximum schedular rating of 10 percent for each condition.

The Board has remanded the case for additional development, including obtaining treatment records and scheduling examinations to assess the veteran's service-connected disabilities. The claims for increased evaluations, special monthly compensation based on aid and attendance need, and secondary service connection will be held in abeyance pending completion of these actions.

The Board found that the veteran's service-connected low back disability did not meet or approximate criteria for a rating in excess of 20 percent at any point during the appeal period.

The veteran's claims for service connection are being remanded due to the need for further development and consideration of his preexisting conditions.

The Board has reopened the veteran's claim for service connection for arthritis and lumbosacral spine, but denied both claims as there is no evidence of a back injury in service or any link to service.

The VA denied the veteran's claims for increased ratings for his degenerative arthritis of the lumbosacral spine, finding that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board found that the veteran's current diagnosis of sleep apnea is not related to his active duty service, a service-connected disability, or exposure to an herbicide agent. The claim for service connection was denied.

The Board has determined that additional development is needed to address the merits of the veteran's claim for secondary service connection for sleep apnea. The case is REMANDED for an addendum to the March 2005 VA examination/opinion.