Sleep apnea decisions — 2008

The Board has granted service connection for sleep apnea. The veteran withdrew all other claims, including those related to allergic rhinitis, hyperlipidemia, chronic fatigue, asthma, sinusitis, and ear infections.

The Board has granted a 50 percent rating for obstructive sleep apnea, effective from the date of the January 2004 decision granting service connection. The veteran's hearing loss disability is not currently demonstrated.

The Board has ordered a remand for the veteran's claims due to outstanding VA treatment records and SSA disability benefit determinations. The issues include service connection for bilateral hearing loss, sleep apnea, heart disorder (secondary to hypertension), and kidney disorder (secondary to hypertension).

The Board denied service connection for lumbosacral sublux/strain/sprain and did not reopen the claim of service connection for basal and squamous cell carcinomas on various body parts due to lack of new and material evidence. The veteran's current conditions are not presumed or directly related to his military service.

The veteran's combined disability rating is 30%, which does not meet the criteria for special monthly pension based on need for regular aid and assistance or housebound status.

The Board denied a rating in excess of 10 percent for the veteran's service-connected lumbar strain prior to January 19, 2008 and denied a rating in excess of 20 percent from that date.

The Board found that the veteran's low back disability warranted a 20 percent evaluation, effective from May 2002.

The veteran's claims for increased ratings for bronchial asthma and lumbosacral strain, as well as a total rating based on individual unemployability due to service-connected disabilities, have been denied because the veteran failed to report for scheduled VA examinations.

The Board has ordered the VA to obtain treatment records from Dr. Patel and Tri-State Clinic in Grundy, Virginia, and request that someone from that office identify what disabilities correspond to diagnostic codes 724.5 and E819 listed on those sheets. The case will then be readjudicated.

The veteran is seeking service connection for left ear hearing loss and lumbosacral strain. The Board has determined that additional development, including a VA examination, is necessary to determine the nature and etiology of these conditions.

The Board denied the veteran's claims for increased ratings and a temporary total convalescent rating, finding that the surgeries were not related to her service-connected conditions.

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

The Board denied the veteran's claim for a higher rating for his residuals of lumbosacral strain, finding that they do not meet the criteria for a rating in excess of 60 percent.

The VA has denied the veteran's claims for increased evaluations for his service-connected herniated lumbar disc, fractures of the left and right os calcis with arthritis. The evidence did not meet the criteria for higher ratings under applicable diagnostic codes.

The Board has reopened the veteran's claims for service connection for degenerative disc disease of the lumbosacral spine and cervical spine, finding new evidence that supports a possible link to service.

The Board has determined that additional actions are necessary to ensure compliance with VA's duty to notify and assist the veteran, including obtaining relevant records from the service department and VA medical facilities. The case is being remanded for further development.

The veteran's claim for an increased rating for lumbosacral strain was denied. The issue of whether new and material evidence has been received to reopen a claim for service connection for bilateral hearing loss is pending, as the previous denial remains final. The veteran's claim for service connection for bilateral hearing loss was not addressed in this decision.

The veteran's appeal is being remanded for additional development of his claims for service connection for chronic back and neck disorders.

The Board denied the veteran's claims for service connection and increased rating, finding no new and material evidence to reopen his lumbosacral strain claim and denying both issues.

The veteran's service-connected disabilities do not render him unemployable, as he is able to perform some type of sedentary job with the help of a telephone and talking to people. The Board denied his claim for TDIU.