Sleep apnea decisions — 2009

The Veteran's service-connected disabilities, including lumbosacral disc disease at L5-S1 and post-surgical left knee injury, have resulted in the need for special adapted housing or adaptive equipment. The Veteran is also eligible for special monthly compensation based on his need for regular aid and attendance.

The Veteran's joint pain, obstructive sleep apnea, and night sweats are all found to be related to service. The Board granted the Veteran's claims for these conditions.

The Board has determined that the evidence is at least in equipoise regarding whether the Veteran's sleep apnea developed during service, and thus grants service connection for this condition.

The Veteran's anxiety disorder and sleep apnea were not found to be related to his military service, but rather secondary to other service-connected conditions. The claims for higher ratings on the remaining issues are also denied.

The Veteran's lumbosacral strain was found to cause moderate limitation of motion, but not severe enough for a higher rating. The current evaluation of 20 percent is maintained.

The Veteran's lumbosacral strain is currently rated at 20 percent, and the Board finds that this rating adequately reflects his disability throughout the appeal period.

The Veteran's degenerative joint disease of the left knee is found to be secondary to his service-connected left foot disorder. The Board finds that the Veteran's sleep apnea is not related to his service-connected residuals of a broken nose.

The Veteran's lumbosacral strain was rated at 10% prior to June 24, 2003 and increased to 20% effective June 24, 2003. A separate rating of 10% is granted for right lower extremity radiculopathy since October 6, 2008.

The Veteran's initial claim for a higher rating for his lumbosacral strain with degenerative changes was granted, but the current evaluation remains at 10 percent prior to September 30, 2004.,Effective January 7, 2009, the Veteran is now rated at 40 percent for his service-connected lumbosacral strain with degenerative changes.

The Board denied the Veteran's petition to reopen his claim for service connection for lumbosacral strain, finding that no new and material evidence had been submitted.

The Board has denied the Veteran's claims of service connection for hypertension, coronary artery disease, fatigue, and sleep apnea as secondary to a deviated nasal septum. The claims for bilateral hearing loss, tinnitus, and left knee disability were also denied. The appeal regarding restoration of 10% disability evaluation for a bilateral deviated nasal septum was not addressed due to the issues being remanded.

The Veteran's claims for increased ratings and service connection were denied. The Veteran was granted service connection for hemorrhoids, but not for hearing loss in the right ear or skin condition.

The Veteran's death was not due to service-connected causes, and the appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318.

The Board has granted service connection for PTSD and found that the veteran's symptoms meet the criteria for this diagnosis. The claim of service connection for malaria is reopened due to new evidence provided by Dr. J.A.M.

The Board found no evidence of a disease or injury incurred in service that would support the Veteran's claims for sleep apnea and hypertension. The preponderance of the evidence is against these claims.

The Veteran's lumbosacral strain is not shown to meet the criteria for a higher rating, as it does not result in limitation of thoracolumbar flexion to 60 degrees; combined range of motion less than or equal to 120 degrees; muscle spasm or guarding severe enough to result in abnormal gait or contour; and no neurological symptoms.

The Veteran's appeal is granted, with an effective date of September 17, 1998 for the election of compensation benefits in lieu of military retired pay. The issue of calculating compensation benefits based on this election remains pending.

The Veteran's claim for reopening his bilateral hearing loss claim has been granted, with service connection now being granted.,Service connection is granted for bilateral hearing loss as it is related to noise exposure during service. However, the Veteran's sleep apnea was not found to be caused by in-service Agent Orange exposure and is therefore denied.

The Veteran's appeal is being remanded due to the need for additional medical evaluation and records.

The Board has granted service connection for hypertension, chronic sinusitis, and sleep apnea as secondary to sinusitis. The Veteran's pre-existing conditions were not aggravated by service.