Sleep apnea decisions — 2009

The Board has determined that the Veteran's back disorder, diagnosed as lumbosacral strain and degenerative disk disease of the lumbar spine, is etiologically related to active service. As such, service connection for a back disorder is granted.

The Board found that the Veteran's current low back disability is not due to any incident or event during active duty, and arthritis of the lumbosacral spine was not manifested within one year after his separation from service.

The Veteran's claims for service connection are being remanded due to the need for additional development, including VA examinations and opinions regarding his hearing loss, vertigo, and sleep apnea.

The Veteran's claim for an initial disability rating in excess of 20 percent for his service-connected herniated nucleus pulposus at lumbosacral level with referred pain to the left leg was denied. The current evaluation is 20 percent, and no effective date has been assigned.

The Veteran's low back disability was initially rated at 10 percent and the Board found that his current range of motion did not warrant a higher rating.

The Board found that the Veteran's back, hand, and foot disabilities are not related to his military service or his service-connected sarcoidosis. The evidence does not support a finding of chronic disability during service or for many years thereafter.

The Board has determined that the Veteran is entitled to a 20 percent disability rating for his service-connected lumbosacral strain, effective from the date of this decision. Additionally, separate 10 percent disability ratings are granted for neurologic manifestations of the right and left lower extremities.

The Board has determined that a VA examination is needed to determine if the Veteran's current sleep apnea is related to service, and Dingess notice regarding disability ratings and effective dates must be provided.

The Veteran's appeal is being remanded for further action due to the need for additional VA examinations and consideration of her claims.

The Veteran does not have any of the claimed conditions attributable to his period of military service.

The Board finds that the Veteran's sleep apnea syndrome had its clinical onset during his active service and grants service connection for this condition.

The Board denied the appellant's request for a waiver of overpayment, finding that recovery would not be against equity and good conscience due to the appellant's fault in creating the debt.

The Board has determined that the Veteran's low back disorder, to include degenerative disc disease of the lumbosacral spine, was not incurred in or aggravated by service. The claim for an acquired psychiatric disorder, specifically PTSD, is pending and requires further development.

The Board has determined that the Veteran's current low back disability, diagnosed as chronic lumbosacral strain, lumbar arthritis, scoliosis, or degenerative disc disease, is not service-connected due to lack of evidence showing a link between his active military service and his current condition.

The Board has denied the Veteran's claims for earlier effective dates for service connection due to lack of a prior claim being filed.

The Veteran's claim for an increased disability rating for his lumbosacral strain (low back disability) is being remanded due to the need for additional medical records and a VA examination.

The Veteran's service-connected disabilities, including his severe back and knee conditions, necessitated the need for regular aid and attendance of another person. The Board granted SMC based on this need.

The Veteran's appeal is being remanded for further development and consideration of the issues regarding CUE in the September 26, 2006 rating decision that granted service connection for OSA secondary to PTSD and assigned a noncompensable evaluation, as well as his claim for a compensable evaluation for OSA.

The Veteran's claims for increased ratings were denied. The Board found that the Veteran's disability of residuals of lumbosacral nerve root injury with radiculopathy and history of RSD did not warrant a rating in excess of 40 percent, while his disability of residuals of pelvic fracture and separation of symphysis pubis with low back pain warranted ratings in excess of 10 percent prior to January 16, 2004, and in excess of 40 percent thereafter.

The Board has determined that a VA examination is necessary to address the Veteran's claims for bilateral carpal tunnel syndrome and sleep apnea, as these conditions may be related to his service-connected status post nasal fracture. The case will be remanded for further development.