Sleep apnea decisions — 2009

The Veteran's appeal for service connection for hepatitis C and liver disease has been withdrawn prior to the Board issuing a decision.

The Veteran's lumbar spine disability is rated at 60 percent, and the Board finds that an evaluation in excess of this rating is not warranted. The claim for TDIU is also denied.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and arranging for VA examinations to assess the Veteran's bilateral hearing loss and low back disability.

The Veteran's increased rating claims for degenerative disc disease with osteophyte formation lumbosacral spine and radiculopathy of the right lower extremity were denied. The TDIU claim was also denied.

The Veteran's lumbosacral strain was previously rated at 10% and increased to 20% effective September 30, 2002. The current rating is appropriate based on the evidence showing forward flexion of the thoracolumbar spine not greater than 60 degrees.

The Board found that the Veteran's sleep apnea and skin condition, to include eczema, are not related to his period of active service. Therefore, he is denied entitlement to service connection for these conditions.

The Veteran's service-connected lumbosacral strain, paravertebral myositis, and spondylosis disability is currently rated as 40 percent disabling. The Board found that the evidence does not support a finding of greater functional impairment due to pain on use or ankylosis, and thus denied his claim for an increased evaluation.

The Veteran's claim for a higher rating for degenerative disc disease of the lumbosacral spine was denied as his disability did not meet the criteria for a higher rating under the applicable VA Rating Schedule.

The Veteran's initial hearing loss disability was granted but assigned a non-compensable evaluation. For lumbosacral strain, the Veteran did not meet criteria for an increased rating prior to September 26, 2003 and after that date, she also did not meet criteria for an increased rating.

The Veteran is seeking service connection for arteriosclerotic heart disease and sleep apnea, both claimed as secondary to his service-connected rheumatic heart disease. The Board has determined that additional development is needed due to the lack of an opinion regarding aggravation by service-connected rheumatic heart disease.

The Veteran's appeal is being remanded for further development, including scheduling a VA examination to determine if his sleep apnea and asthma are related to his military service.

The Board denied the Veteran's claims of entitlement to service connection for sleep apnea syndrome and COPD, finding that these conditions are not related to his active duty service or any service-connected disability.

The Veteran's claims for increased ratings for his service-connected lumbosacral spine, right knee, and left knee disabilities were denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The VA determined that the appellant's spondylolisthesis, spinal stenosis and degenerative disc disease lumbosacral spine warrants a 20 percent rating from August 17, 2007 until July 2, 2008.

The Veteran's claims for service connection for tinnitus and increased ratings for ligamentous lumbosacral strain were denied. The Board found that the evidence did not support a finding of current tinnitus or a link between any current condition and service.

The Veteran's service-connected disabilities meet the percentage rating standards for TDIU and his claim is granted. The effective date of this decision is June 20, 2006.

The Veteran is seeking service connection for lumbosacral strain as secondary to her service-connected left patellofemoral syndrome. The Board has determined that further development of the clinical evidence, including VA outpatient records and physical therapy records, is necessary before a decision can be made.

The Board has determined that the Veteran's heart disease with hypertension, sleep apnea, and chest masses, status post mastectomy are not related to his military service.

The Veteran's claims for service connection for various conditions have been denied as there is no evidence of a nexus between her current disabilities and active military service.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment.