Sleep apnea decisions — 2009

The Board found that the Veteran does not have degenerative disc disease of the lumbosacral spine that is attributable to his military service.

The Veteran's service-connected cervical and lumbosacral spine disabilities are currently rated at 10 percent and 20 percent, respectively. The Board has determined that the current ratings do not adequately reflect the severity of his disabilities as evidenced by significant painful limitation of motion.

The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including obtaining medical opinions and providing Vazquez-Flores compliant notice.

The Board has determined that the Veteran's sleep apnea is aggravated by his service-connected residuals of nasal polypectomy, and therefore grants secondary service connection for this condition.

The Board found no evidence to support the Veteran's claim that his sleep apnea was incurred in service, and thus denied the claim.

The Board found that the Veteran's hypertension, congestive heart failure, and sleep apnea were not incurred or aggravated by service. The claims for these conditions are therefore denied.

The Veteran's claim for an increased rating for his low back disability is being remanded due to the need to obtain treatment records from a non-VA provider.

The Board denied the veteran's claim of service connection for a back disorder, finding that her failure to report for a VA examination without good cause resulted in denial of her claim.

The Veteran's claim for service connection for a back disorder, hiatal hernia/GERD, and lung disorder is denied. The claim for depression remains pending.,Service connection for the Veteran's claimed conditions is not granted as there is no evidence linking them to his military service.

The Veteran's sleep apnea is not service-connected, and his PTSD has been rated as 50 percent disabling prior to March 24, 2009, and 100 percent disabling from that date.

The Veteran's claim for automobile and adaptive equipment or adaptive equipment only is denied as he does not meet the eligibility criteria based on his service-connected disabilities.

The Board found that the Veteran's current back disorder is not related to his period of active duty service and denied his claim for service connection.

The Veteran's service-connected lumbosacral strain was rated at 20 percent prior to December 8, 2008 and increased to 40 percent thereafter. The decision grants the higher rating of 40 percent effective from December 8, 2008.

The Veteran seeks service connection for various conditions, including fibromyalgia and other health issues, all claimed as secondary to chemical and/or biological exposure during active duty. The Board finds that additional development is necessary due to the unclear nature of the classified agent exposure.

The Board found that the Veteran's substantive appeal was not timely filed, and thus denied his claims for service connection for squamous cell carcinoma, basal cell carcinoma, Bell's Palsy, right knee disability, hypertension, left eye disability, diabetes, and sleep apnea.

The Board has determined that new and material evidence has not been received to reopen the Veteran's previously denied claim of entitlement to service connection for retinitis pigmentosa. The decision remains in favor of denial.

The Veteran's appeal is being returned to the RO for review of additional evidence and determination of whether he is entitled to a total rating based on individual unemployability.

The Veteran's appeal is denied as the evidence does not support a higher initial rating for PTSD and there are no residuals of his service-connected tonsillectomy.

The Board denied service connection for PTSD and continued the denial of service connection for the Veteran's back condition. The claim to reopen the previously denied claim for service connection was also denied.

The Veteran's lumbosacral strain with degenerative joint disease is currently rated at 20 percent, and the Board finds that an evaluation in excess of this rating is not warranted. The Veteran's service-connected disabilities do not prevent him from securing and following some type of substantially gainful employment.