Sleep apnea decisions — 2008

The veteran's claim for service connection for sleep apnea is being remanded due to the need for a VA examination and consideration of new evidence.

The Board found that the veteran's service-connected low back disability is not exceptional or unusual, and thus does not meet the criteria for an extraschedular rating.

The veteran's duodenal ulcer, confirmed by x-ray examination, first manifested in service and is presumed to have been incurred during active military service within the first year following active service. Service connection for this condition is granted.

The veteran's claims for an initial compensable evaluation for residuals of boxer's fracture, right (dominant) fifth (little finger), service connection for lumbosacral spine disc disease L3 to S1, and service connection for status post left partial medical meniscectomy were denied. The Board found that the evidence did not support a grant of any of these claims.

The veteran's claim for service connection for a low back disability is being remanded due to the need for additional medical examination and consideration of his claims.

The veteran's appeals for increased ratings for diabetes mellitus type II with erectile dysfunction and lumbosacral strain with spina bifida were denied. The case is remanded for further development.

The Board found that the veteran does not have a disability of bilateral hearing loss for VA compensation purposes and denied his claim. For obstructive sleep apnea, the evidence did not show he required use of a CPAP machine.

The veteran's claim for an increased evaluation for his service-connected chronic bronchitis is being remanded due to insufficient examination findings. The examiner did not provide supporting rationale for their opinions and there is a lack of clarity regarding the relationship between the veteran's respiratory disorders, excluding COPD, and active service.

The veteran's TDIU was granted effective from August 23, 2005, due to the combined effect of his service-connected disabilities.

The veteran's claims for reopening service connection for lumbosacral strain and tinnitus, as well as his claim for an increased rating for bilateral sensorineural hearing loss are all pending. The decision is mixed, with some issues granted and others not.

The Board denied the veteran's claim for an increased rating for her service-connected degenerative disc disease of the lumbosacral spine, currently rated at 40 percent.

The Board has granted service connection for a low back disorder, but denied service connection for renal cancer. The claim of service connection for the low back disorder is based on direct evidence showing it was incurred in service. The claim of service connection for renal cancer remains denied as new and material evidence has not been submitted.

The Board denied the veteran's claims for service connection for sleep apnea and depression, finding no new and material evidence to reopen his previous denial of a claim for narcolepsy. The Board also found that there was insufficient evidence linking the veteran's current depression to active service.

The Board found that the veteran's low back disability, manifested by limited motion and pain, did not meet or approximate the criteria for a higher rating in excess of 40 percent. The evidence showed no unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes of intervertebral disc syndrome within the past 12 months.

The veteran's claims for service connection are being remanded due to the need for additional development, including a VA examination.

The Board has denied the veteran's claims for service connection for various conditions, including dizziness, bilateral hearing loss, gout, mood swings, defective vision, cramps and sweats, peripheral neuropathy of the extremities, hypertension, heart condition, shortness of breath, depression, memory loss, chronic fatigue syndrome, muscle and joint pains, sleep apnea, headaches, liver disorder, and high cholesterol. The claims were denied as secondary to his service-connected diabetes mellitus, type II.

The Board found that the appellant's respiratory and cardiovascular disabilities did not have their onset during service or within one year of separation, and are not etiologically related to his military service. The claims for service connection were denied.

The Board denied the veteran's claims for a higher initial disability rating for asbestosis and service connection for obstructive sleep apnea, finding that there was no evidence of active symptomatology for asbestosis or causal relationship to his deviated septum.

The Board denied the veteran's claims for increased evaluations for his lumbosacral strain, finding that prior to May 10, 2005, he did not meet the criteria for a rating in excess of 20 percent and on or after May 10, 2005, he did not meet the criteria for a rating in excess of 40 percent.

The veteran's claim for increased ratings for his service-connected low back disability was adjudicated. For the period prior to February 2, 2008, a rating in excess of 10 percent is not warranted. Since February 2, 2008, a staged rating in excess of 20 percent is also not warranted.