Sleep apnea decisions — 2009

The Veteran's death was not service-connected, and the appellant did not meet the legal criteria for DIC under 38 U.S.C.A. § 1318 or accrued benefits.

The Veteran's service-connected degenerative disc disease with lumbosacral strain, residual of fractured 12th dorsal vertebra is rated at the maximum allowable under current criteria. The Board finds no basis to grant a higher rating or reopen his claim for service connection.

The Veteran's claims for increased evaluations of his bilateral knee disabilities were denied by the RO. The left knee arthritis is rated at 10 percent, right knee laxity at 20 percent, and right knee arthritis at 10 percent.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's claim for an initial (compensable) rating for sleep apnea is being remanded due to insufficient medical evidence. The case will be reviewed after a VA examination to determine the current severity of his service-connected sleep apnea.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records from the Frankfurt Hospital in Germany.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain was denied. The claims to reopen service connection for bilateral hearing loss and left knee disability were also denied, as the new evidence submitted did not raise a reasonable possibility of substantiating these claims.

The Board has remanded the issues of service connection for a bilateral foot rash, residuals of congenital abnormalities of the lumbosacral spine, and arthritis of the lumbosacral spine due to inadequate development.

The Veteran's claims for increased disability ratings for his service-connected lung and spine disabilities are being remanded due to the need for additional examinations.

The Veteran's additional disability of the lumbosacral spine was not caused by VA care, treatment, or examination. The Board finds that the October 2000 surgery did not result in an additional disability.

The Board found that the Veteran's sleep apnea was not incurred in or aggravated by his active service and is not due to exposure to herbicides. As a result, the claim for service connection for sleep apnea was denied.

The Veteran's claim for service connection for PTSD, as well as his claims for higher ratings for the left knee disorder and rhinitis, have been granted. The issues of service connection for low back disorder and sleep apnea are being remanded.

The Veteran's claim for service connection for a cervical spine disorder is denied as the evidence does not support a finding that any current cervical spine disorder is related to service. The Veteran's TDIU claim is granted due to his service-connected disabilities precluding him from obtaining and retaining all forms of substantially gainful employment.

The Board found that the Veteran's lumbosacral strain disability is manifested by constant low back pain, pain on motion and reduced activity due to the pain; it is also manifested by objective clinical findings of mild to moderate muscle spasms, moderate restriction of lumbar spine motion and pain on motion. The criteria for an evaluation in excess of 20 percent have not been met.

The Veteran's claim for service connection for sleep apnea was denied as there is no clinical evidence of a diagnosis during his service, and the current condition is not related to his military service.

The Board has denied the Veteran's claims for service connection for sleep apnea, hypertension, and a cardiac condition due to lack of evidence linking these conditions to his military service.

The Veteran's claims for increased ratings for lumbosacral strain and herpes simplex I are being remanded due to the need for updated VA examinations and additional treatment records.

The Veteran's service-connected GIST tumor led to the removal of his spleen and pancreas tail, warranting secondary service connection for their residuals. The Board also found presumptive service connection for the GIST tumor due to exposure to Agent Orange. Service connection was denied for sinus disorder, skin cancer, and sleep apnea as these conditions were not shown to be related to active service.

The Veteran's claims for increased ratings for his service-connected degenerative joint disease of the lumbosacral spine and right knee were denied. The Veteran was awarded a separate evaluation of 20 percent for lateral instability and moderate recurrent subluxation related to his right knee disorder, effective from August 20, 2007.

The Veteran's claim for increased evaluations for residuals of leiomyosarcoma of the left arm, sensory loss associated with the condition, and a post-operative scar has been granted. The initial evaluations assigned are 20 percent for the residuals of leiomyosarcoma of the left arm (MG V), 10 percent for sensory loss prior to January 10, 2009, and 10 percent for the post-operative scar.