Sleep apnea decisions — 2009

The Board found that the veteran's current back disorder was not incurred or aggravated by service and denied his claim for service connection.

The Veteran's back condition, diagnosed as lumbosacral strain, is currently rated at 40 percent and the evidence does not support a higher rating.

The Veteran's IBS has been granted a higher initial disability rating of 30 percent since the effective date of service connection. Service connection for sleep apnea was also granted.

The Board has determined that the Veteran's depression and sleep apnea are related to his service-connected diabetes mellitus, granting service connection for both conditions.

The Board has remanded the case for a travel board hearing at the RO due to the Veteran's request.

The Veteran is entitled to the services outlined in his Individual Independent Living Plan (IILP) for the period from July 27, 2005 to August 1, 2006.

The Veteran's lumbosacral strain with L4 degenerative disc disease is manifested by limitation of flexion, no neurologic abnormalities, and no prescribed periods of bed rest. The criteria for assignment of an initial rating in excess of 20 percent have not been met.

The Board has determined that the Veteran's current back disability, including arthritis, did not manifest within one year after service and was not related to an injury or incident in service. Therefore, service connection cannot be presumed. The Board also found no other medical evidence of record providing a link between the Veteran's current disability and his service.

The Veteran's claims for service connection for bilateral hearing loss, hypertension, and sleep apnea are being remanded due to the need for additional development of his medical records.

The Veteran is seeking an increased rating for his service-connected lumbosacral strain, chronic, with degenerative changes at L5-S1. The claim was remanded in June 2007 and again in June 2008 due to the lack of a July 2007 VA neurological disorder examination report.

The Board has decided to remand the Veteran's claims for further development, including obtaining additional medical records and conducting examinations to address the nature of his claimed conditions and their relationship to service.

The Veteran's appeal is denied as his lower back disability does not warrant a rating in excess of the assigned ratings for any period.

The Board has granted a 50 percent disability rating for the Veteran's obstructive sleep apnea, effective March 8, 2005.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that it was not caused or aggravated by his service-connected type II diabetes mellitus.

The Board is remanding the case to allow the Veteran to have a hearing before a Veterans' Law Judge at the RO, and for further development as needed.

The Board found that the Veteran's death was not caused by exposure to ionizing radiation during his service, and therefore denied the claim for service connection for the cause of the Veteran's death.

The Board has reopened the claim for service connection for retinitis pigmentosa and is remanding it to determine if there was in-service aggravation of a pre-existing condition. The Veteran's retinitis pigmentosa may have existed prior to his military service, but whether it worsened during service beyond its natural progression will be determined by a VA examiner.

The Veteran's service-connected lumbosacral strain with Schmorl's node T-11 is not rated higher than 20 percent, and his left ankle disability was not incurred in or aggravated by service. The claim for increased ratings is denied.

The Veteran's claim for an increased rating for his service-connected lumbar strain with radiating pain is being remanded due to the need for additional development, including VA examinations and consideration of extra-schedular considerations.

The Board denied service connection for lumbosacral strain and herpes simplex of the lips, but granted service connection for a dental disability for treatment purposes only.