Sleep apnea decisions — 2009

The Board denied the Veteran's claims for service connection for bronchitis and obstructive sleep apnea, finding that there was no evidence of a current disability related to active service.

The Veteran's claim for an increased rating for his lumbar spine disability is being remanded due to the need for additional development, including a VA examination and review of medical records.

The Veteran's bilateral hearing loss is not shown to be present for VA compensation purposes.,His pre-existing thoracic spine and right knee conditions are clearly and unmistakably present prior to service, so they were not aggravated by service.

The Veteran's claim for automobile and adaptive equipment or adaptive equipment only is being remanded due to the need for a VA examination.

The Board found no relationship between the Veteran's sleep apnea and his service-connected residuals of chip fracture to the nasal bone, or service. The residuals of chip fracture are currently rated as noncompensable.

The Board denied the veteran's claims for increased disability ratings for his lumbosacral strain, finding that prior to September 26, 2003, he was entitled to a 10 percent rating. From September 26, 2003, he is not entitled to any higher rating.

The Board found that the Veteran's PTSD was not incurred in service due to lack of verified stressors. The claim for degenerative disc disease of the lumbosacral spine is being remanded.

The Board has granted service connection for GERD and denied service connection for rosacea. The lower extremity and sinus disorders are being remanded for further development.

The Board finds that the Veteran's current chronic low back disabilities, diagnosed as degenerative disc disease of the lumbosacral spine and lumbar degenerative spondylosis (arthritis), are causally related to his active service.

The Veteran's service-connected lumbar spine disability and left foot disability are currently rated at the minimum level, with no evidence of additional functional impairment due to pain or other factors. The claims for increased ratings have been denied.

The Board has denied the Veteran's claim for service connection for sleep apnea, finding that it is not related to active service or a service-connected disability.

The Board found that retinitis pigmentosa preexisted service and did not increase in severity during service. As a result, the Veteran is not entitled to service connection for blindness due to retinitis pigmentosa.

The Veteran's PTSD has been rated at 30 percent throughout the appeal period, and his sleep apnea was not found to be related to active service.

The Board found that the Veteran's obstructive sleep apnea is not related to his service-connected bilateral maxillary sinusitis and thus denied his claim for secondary service connection.

The Veteran's appeal is being remanded due to the need for a personal hearing before a Veterans Law Judge at the RO in Houston, Texas.

The Board denied the Veteran's claims for service connection for asthma, cervical spine disorder, lumbar spine disorder, cardiovascular disorder, and obstructive sleep apnea. The evidence clearly showed that his pre-existing asthma existed prior to service and was not aggravated by active duty service. His cervical spine, lumbar spine, cardiovascular, and sleep disorders were not shown to have been incurred or aggravated during service.

The appellant's service-connected disabilities do not prevent him from obtaining substantially gainful employment.

The Veteran's claim for an initial disability rating in excess of 10 percent for lumbosacral strain, claimed as back pain, is being remanded due to the need for a VA examination and additional medical records.

The Board has determined that the Veteran's sleep apnea, COPD, hypertension, and CAD are not related to his military service. The claims for these conditions have been denied.

The Board denied the Veteran's claims for service connection for depression, sleep apnea, and reduced airway of the left nasal passage due to a lack of evidence showing these conditions were incurred during or aggravated by his military service.