Sleep apnea decisions — 2009

The Board found that the Veteran's current low back disorder was not incurred in or aggravated by his military service, nor proximately due to or caused by a service-connected disability. As such, the claim for service connection was denied.

The Veteran's claim for an increased rating for his lumbosacral spine disability was denied as the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board has determined that the Veteran's obstructive sleep apnea is not proximately due to or aggravated by active service, or a service-connected disability.

The Veteran's claim for TDIU was denied as his service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected myasthenia gravis and its manifestations.

The Veteran's initial compensable ratings for his service-connected right shoulder, lumbosacral spine, right knee, and left knee disabilities have been denied. The VA examiner found no limitation of motion or additional functional loss due to pain, fatigue, weakness, or lack of endurance.

The Board has granted service connection for sleep apnea, finding that it is proximately due to or the result of a service-connected disability. The claim of entitlement to TDIU from April 26, 2000 to June 21, 2006 remains pending.

The Veteran's death was caused by Alzheimer's disease, which is a significant condition contributing to his death. His service-connected degenerative disc disease of the lumbosacral spine was found to be a contributory cause of death. As such, service connection for the cause of the Veteran's death has been granted.

The Veteran's low back disability is rated at 10 percent, the maximum available under the General Rating Formula for Diseases and Injuries of the Spine. The appeal is granted as the rating assigned meets the criteria set forth in the applicable diagnostic code.

The Veteran's claims are being remanded for additional development, including obtaining service records and scheduling a VA examination to determine the relationship between his sleep apnea and any service-connected conditions.

The Board has granted service connection for lumbosacral spine degenerative disc disease, finding that the current condition is related to military service.

The Veteran's appeal has been withdrawn, and the Board is dismissing the case.

The Board has determined that the Veteran's bilateral hearing loss, chronic tinnitus, and chronic skin disorder (including chloracne) are not related to his military service. The evidence does not support a finding of service connection for any of these conditions.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's currently diagnosed sleep apnea and bilateral hearing loss are related to his period of active service. Therefore, the claim for service connection for both conditions is granted.

The Veteran's coronary artery disease with myocardial infarction and sleep apnea are found to be aggravated by his service-connected posttraumatic stress disorder and diabetes mellitus, type 2. The claim for direct service connection is denied.

The Veteran's appeal is remanded due to the need for additional development, including obtaining VA treatment records and conducting a new VA examination. The issues of increased evaluation for lumbosacral strain and degenerative disc disease of the lumbar spine, as well as TDIU, must be readjudicated.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected low back disability. Additionally, he must be provided with an effective date prior to March 10, 2008 for his radiculitis in the lower extremities.

The Veteran withdrew his appeals for both issues on appeal, resulting in their dismissal.

The Board denied the Veteran's claim for service connection for leiomyosarcoma due to exposure to ionizing radiation, finding no evidence of such exposure during his military service and noting that the cancer was not attributable to his service.

The Board has found that the Veteran's sleep apnea reasonably had its onset during his years of active service and granted service connection for this condition.