Sleep apnea decisions — 2009

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 service-connected arthritis of the lumbosacral spine does not meet the criteria for a higher rating as it does not result in muscle spasm resulting in abnormal gait or spinal contour, flexion to 60 degrees or less, or combined range of motion of the thoracolumbar spine to 120 degrees or less.

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 denied the Veteran's claim for an earlier effective date for service connection due to his failure to adequately plead a claim of CUE in the prior rating decision. The earliest effective date assignable is October 13, 2004.

The Board has remanded the case due to incomplete records and need for further development, including obtaining SSA records and locating service personnel and treatment records.

The Board denied the Veteran's claims for service connection for sleep apnea and hypertension, finding that there was no evidence linking these conditions to his military service or any service-connected disabilities.

The Veteran's claim for an effective date earlier than August 26, 2006 for the assignment of a 20% disability rating for her lumbosacral spine disability was granted. The effective date is set at February 7, 2000.

The Board has determined that the Veteran's sleep apnea is incurred in service and grants service connection for this condition.

The Veteran's appeal is being remanded for additional development, including a VA examination and EMG/nerve conduction studies.

The Veteran's claim of entitlement to service connection for sleep apnea was denied as there is no evidence showing a relationship between his current sleep apnea and his military service.

The Veteran's claim for increased ratings for his service-connected degenerative joint disease of the lumbosacral spine is being remanded due to the need for additional development and examination.

The Veteran's currently diagnosed sleep apnea was not incurred in or aggravated by his military service.

The Board has determined that bronchial asthma and sleep apnea are secondary to the Veteran's service-connected restrictive lung disease, warranting grants of service connection for both conditions.

The Veteran seeks service connection for obstructive sleep apnea, which he claims is secondary to his service-connected sinusitis. The Board finds that further development is needed due to the conflicting medical opinions and lack of clear evidence regarding the onset of the Veteran's current sleep apnea.

The Board has determined that the Veteran's current back disability, diagnosed as degenerative joint disease of the lumbar spine and lumbosacral spinal stenosis, is causally related to his period of military service.

The Veteran's claim for service connection for obstructive sleep apnea has been granted, thus the issue is dismissed.

The Board has determined that the Veteran's low back condition is related to his military service and grants service connection for this condition. However, there is no evidence of bilateral hearing loss meeting VA disability compensation criteria during the appeal period.

The Board has remanded the case due to incomplete service records and the need for further examination of the Veteran's claimed conditions.

The Board denied an effective date earlier than April 26, 1993 for a 60 percent evaluation for lumbosacral strain with disc protrusion and degenerative disc disease at L5-S1.

The Board denied an initial evaluation in excess of 20 percent for the Veteran's low back disability from October 25, 1991 to April 25, 1993. The decision was based on the evidence and applicable legal criteria at that time.