Sleep apnea decisions — 2009

The Board denied service connection for sleep apnea and an acquired psychiatric disability, finding no evidence of onset or aggravation during active duty or ACDUTRA. Service connection was also denied for hypertension due to lack of a diagnosis.

The Veteran's lumbosacral traumatic arthritis with herniated nucleus pulposus was rated at 20 percent from December 13, 1984 to June 11, 1991 and at 60 percent since June 12, 1991. The appeal is denied as the Veteran does not meet the criteria for a higher rating under the applicable VA rating schedule.

The cause of the Veteran's death, metastatic liposarcoma, was not related to his service and therefore, service connection for the cause of death is denied.

The Veteran's claims for increased ratings and TDIU were denied as his service-connected conditions did not meet the criteria for higher ratings or entitlement to a TDIU.

The Veteran's lumbosacral strain and bilateral tinnitus are granted as service-connected, while his bowel disorder, plantar warts, moles, and right foot disability claims are denied.

The Veteran's GERD is related to medication used for his service-connected back disability, and thus service connection is granted.

The Veteran's service-connected disabilities do not preclude him from substantially gainful employment, consistent with his education and occupational experience.

The Board has granted increased disability ratings for the Veteran's service-connected lumbar and cervical spine disabilities, with a separate rating assigned for demonstrable deformity of the lumbar vertebral column.

The Veteran's DDD of the lumbosacral spine is currently rated at 20 percent, and his radiculopathy and neuropathy of the left lower extremity are rated at 10 percent. The Board has determined that a higher rating is warranted for both conditions.

The Board has reopened the claim for service connection for a back disability due to new and material evidence submitted since the March 1998 rating decision.,However, the Veteran's PTSD is not productive of more than occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a videoconference hearing.

The Board found that the July 12, 1999 rating decision was not clearly and unmistakably erroneous and denied the Veteran's motion to reverse or revise the decision on grounds of CUE.

The Veteran's claim for an increased evaluation of his lumbosacral strain was denied by the RO. The RO found that the Veteran's condition did not meet the criteria for a higher than 20 percent rating.

The Board has determined that the Veteran does not have a diagnosis of PTSD and therefore, service connection for PTSD is denied.

The Board has granted service connection for sleep apnea and remanded the issue of entitlement to an initial evaluation in excess of 50 percent for posttraumatic stress disorder.

The Board denied the Veteran's claims of service connection for diabetes mellitus, sleep apnea, hypertension, angina, and angioedema. The claim for secondary service connection for Meniere's disease was also denied.

The Veteran's claims for increased ratings for radiculopathy of the left lower extremity and lumbosacral strain have been denied. The Veteran does not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has remanded the case for further development, including obtaining SSA records and scheduling a VA examination to assess the Veteran's low back disability.

The Board has determined that the Veteran's obstructive sleep apnea is proximately due to, or the result of, his service-connected PTSD. As a result, the claim for service connection for sleep apnea is granted.

The Veteran's claims for service connection for PTSD, left hip disability, and phlebitis of the right leg were denied. The Board found that there was no evidence to support these claims.