Sleep apnea decisions — 2009

The Board has determined that the Veteran does not have currently diagnosed conditions such as sleep apnea, type II diabetes mellitus, major depression, or PTSD. The service connection claims for these conditions are therefore denied.

The Veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment consistent with his education and industrial background.

The Board has denied the Veteran's claims for service connection for a nervous disorder (claimed as PTSD) and residuals of lumbosacral strain. The appeals regarding bilateral hearing loss, impotence, migraine headaches, and chronic pes planus were also denied.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence linking his current disability to his military service or an undiagnosed illness.

The Veteran's lumbosacral sprain with DDD is currently rated at 40 percent, and the VA examiners have found no evidence of unfavorable ankylosis or incapacitating episodes that would warrant a higher rating.

The Veteran is granted a 50 percent rating for his service-connected degenerative joint disease of the lumbosacral spine, effective October 31, 1999. The Veteran's entitlement to TDIU based on his service-connected disability is also granted.

The Board has determined that the Veteran's sleep apnea and narcolepsy are directly related to his military service, with no presumption of service connection based on exposure to specific environments or conditions.

The Veteran's appeal is being remanded for additional development, including obtaining service personnel records and a VA examination to determine the nature and etiology of his sleep disability and lumbosacral spine condition.

The Veteran's service-connected lumbosacral strain does not meet the criteria for a higher rating, and his neurological abnormalities do not warrant separate evaluations.

The Veteran's appeal involves a request for an increased rating for PTSD, and the RO has denied service connection for sleep apnea and erectile dysfunction. The case is being remanded to obtain additional evidence, including SSA records and VA examinations.

The Board found that the Veteran's death was not caused by a service-connected disability, nor could it be attributed to herbicide exposure. The cause of death listed on his death certificate was superventricular tachycardia and ventricular fibrillation.

The Board found that the Veteran's sleep apnea was not incurred in or aggravated by her service and is not proximately due to, the result of, or aggravated by, a service connected disability. The claim for service connection for sleep apnea was denied.

The Veteran's lumbosacral spine osteoarthritis was rated at 40 percent prior to March 29, 2006 and remains at 40 percent thereafter. The appeal is denied.

The Veteran's claim for a higher rating for his service-connected lumbosacral muscle strain and degenerative disc disease of the lumbar spine was denied. The current evaluation of 40 percent is considered appropriate based on the clinical findings.

The Veteran's claim for an increased rating for lumbosacral strain with degenerative disc disease was denied. The Board found that the evidence did not support a higher evaluation based on orthopedic manifestations alone, and there were no incapacitating episodes warranting a higher rating under Diagnostic Code 5243.

The Veteran is seeking service connection for various conditions, including back and neck disorders, foot and hand conditions, skin condition, sleep apnea, respiratory disorder, blood disorder, and pericarditis. The appeal will be remanded to obtain additional medical records and ensure all claims are properly considered.

The Veteran's claim for an increased disability rating and service connection for a sensory defect at L4-5 and S1 level of lumbar spine was granted effective September 23, 2005.

The Veteran's appeal is being remanded for additional development, including clarification of conflicting findings regarding the range of motion and ankylosis of his lumbosacral spine.

The Veteran's lumbosacral strain is currently rated at 10 percent, the maximum schedular rating available. The appeal has been granted.