Sleep apnea decisions — 2009

The Veteran's claims for service connection for hypertension, sleep apnea, and bilateral hearing loss were denied. The claim for an initial compensable evaluation for alopecia universalis was granted with a 10% rating effective from December 2005.

The Board has granted the Veteran's application to reopen his claim for service connection for a low back disorder and has determined that new and material evidence has been received. The Veteran is now entitled to an increased rating of 20 percent for diabetes mellitus with erectile dysfunction.

The Board has determined that the Veteran's sleep apnea is related to his military service and grants the claim for service connection.

The Veteran's service-connected disabilities, including a herniated disc laminectomy and major depressive disorder, make it impossible for him to secure or follow substantially gainful employment.

The Veteran's service-connected chronic lumbosacral strain alone reasonably precludes him from securing or maintaining gainful employment, and the Board finds that he is entitled to a TDIU.

The Board has reopened the claim of service connection for sleep apnea due to new and material evidence. However, the issue of whether the Veteran's current sleep apnea is related to his military service remains pending as a remand is required to obtain a VA examination.

The Board has determined that the Veteran's bilateral foot disability, hypertension, and sleep apnea were all incurred during his military service.

The Veteran's service-connected lumbosacral strain and degenerative disc disease of the lumbar spine do not meet the criteria for a higher rating as they do not result in unfavorable ankylosis or require medically prescribed bedrest.

The Board found that the Veteran's lumbosacral strain with severe spondylosis did not meet or approximate criteria for a rating in excess of 40 percent, as there was no unfavorable ankylosis and no associated objective neurologic abnormalities.

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

The Board denied the Veteran's claim for an increased rating for his service-connected lumbar spine disability, currently rated at 40 percent.

The Veteran's claim for an increased rating for his lumbosacral strain was denied, as the disability did not warrant a higher evaluation.

The Veteran's claim for an increased rating for lumbosacral strain with sciatica was denied. The claim to reopen the service connection for arteriosclerotic cardiovascular disease with myocardial infarction was also denied, as new and material evidence had not been received since a previous denial in 1988. The Veteran's claim for service connection for basal cell carcinoma was denied.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining SSA records and scheduling a VA examination.

The Board has remanded the case for an examination to determine which symptoms are attributable to the Veteran's service-connected sacro-iliac strain and any other non-service-connected conditions.

The Board denied service connection for sleep apnea in April 1991, finding no evidence of the condition during service. The Veteran's claim was reopened but still denied as new and material evidence did not raise a reasonable possibility of substantiating his claim.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain with degenerative disc disease is being remanded due to the need for additional medical records and examination.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to address the issues of service connection for a right knee disorder as secondary to lumbosacral spine disability and an increased rating for lumbosacral spine disability.

The Board has remanded the case due to the need for a VA examination to determine if the Veteran's current sleep apnea is related to his active duty service.

The Veteran's low back disability is manifested by marked limitation of forward bending in standing position, loss of lateral motion with osteo-arthritic changes, and functional impairment due to pain and fatigue. The Board finds no support for an increased rating under the pre-amended version of Diagnostic Code 5295 over any portion of the rating period on appeal.