Sleep apnea decisions — 2009

The Veteran's claim for an increased rating for his service-connected lumbosacral strain with degenerative disc disease and sciatica symptoms is being remanded due to the need for additional development, including obtaining medical records from various providers.

The Veteran's claims for increased ratings and TDIU have been remanded due to the need to consider both old and new rating criteria, as well as extraschedular considerations. The case will be returned to the Board for further review.

The Veteran's appeals for increased ratings and service connection were denied. His right knee disability was rated at 20 percent, his lumbosacral spine disability was rated at 20 percent prior to September 26, 2003, and 10 percent thereafter, his right shoulder disability was not granted service connection, and his left shoulder disability was also not granted service connection. The appeal for cervical spine disability with bilateral hand numbness was withdrawn by the Veteran.

The Board found no relationship between the Veteran's current back disorder and his in-service sky diving injury, thus denying service connection for a compression fracture of the T12-L1 vertebrae. The claim for sleep apnea is remanded due to insufficient evidence regarding its onset or etiology.

The Veteran's lumbosacral spine disability, including strain and L4-L5 disc herniation, is currently rated at 40 percent. The claim for sciatica affecting the left lower extremity due to this condition has not met the criteria for a higher initial rating of more than 10 percent.

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

The Veteran's TDIU claim is remanded due to the need for further development and consideration of new claims, including service connection for a depressive disorder and an increased evaluation for his low back disability. The case may be referred for extraschedular consideration if appropriate.

The Veteran's service-connected DJD of the lumbosacral spine is currently rated at 40 percent, and his initial evaluation for DJD of the left knee remains denied.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Board denied the Veteran's claims for service connection for left ear hearing loss and lumbosacral strain, finding no evidence of a chronic disease during service or within one year after separation. The examiner attributed the current conditions to occupational noise exposure in civilian life.

The Veteran's service-connected low back disability, characterized by degenerative spondylosis and disc herniation of L5-S1, was found not to warrant a rating higher than the currently assigned 20 percent for the entire period on appeal.

The Veteran's claim for an increased evaluation in excess of 10 percent for his service-connected back disability is being remanded due to procedural deficiencies and the need for additional development.

The Veteran's appeal is being remanded for further development, including obtaining SSA records related to his disability benefits.

The Board has determined that the Veteran does not have sleep apnea and therefore cannot be granted service connection for this condition.

The Veteran's degenerative disc disease and lumbosacral strain have not been manifested by unfavorable ankylosis of the entire thoracolumbar spine or intervertebral disc syndrome with incapacitating episodes having a total duration of at least six weeks during the past twelve months. As such, he is not entitled to a higher initial evaluation.

The Veteran is seeking service connection for various conditions, including sleep apnea, hypertension, peripheral neuropathy of the lower extremities, and erectile dysfunction, all claimed as secondary to his service-connected type II diabetes mellitus. The case is being remanded due to the Veteran's request for a videoconference hearing.

The Veteran's cervical spine disability and fibromyalgia or sciatica were not found to be related to service, and the Board denied these claims.

The Veteran's claims for initial compensable ratings for service-connected tinea pedis, entitlement to service connection for sleep apnea and tension headaches were denied. The Board found that the evidence did not support a grant of service connection for folliculitis.

The Veteran's claim for an evaluation in excess of 60 percent for his left L4-S1 radiculopathy with dorsolumbosacral paravertebral myositis and a dissicated and bulging disc at L5-S1 was denied. The maximum schedular rating has been assigned.

The Veteran's claims for service connection and increased evaluations were denied. The Board found no evidence of arthritis prior to May 1986, and the Veteran's lay statements do not constitute competent medical evidence.