Sleep apnea decisions — 2009

The Veteran's preexisting bilateral foot condition was aggravated by service, and the Board finds that he is entitled to service connection for this condition. The issues regarding his bilateral eye conditions and sleep apnea are referred back to the RO for further development.

The Veteran's sleep apnea requires the use of a CPAP machine, but does not meet the criteria for a higher evaluation as it does not result in chronic respiratory failure with carbon dioxide retention or cor pulmonale, nor has he required a tracheostomy.

The Board has remanded the case for further development due to incomplete opinions from the VA examiners.

The Veteran's service-connected residuals of a lumbosacral strain and cervical strain have been rated at 40 percent each since September 10, 2002. The Board found that the current evaluations are appropriate based on the severity of his symptoms.

The Board has remanded the case due to incomplete medical records and requests for additional information.

The Board has determined that the Veteran's lumbosacral strain warrants a 20 percent evaluation effective August 15, 2001.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need to obtain additional service treatment records and a VA examination.

The Board denied the Veteran's claim for service connection for sleep apnea syndrome, finding that there was no evidence linking his current condition to active duty service.

The Veteran's lumbosacral strain has been manifested by subjective complaints of pain on motion and loss of motion, but these symptoms are attributed to a nonservice-connected low back disorder. Therefore, the criteria for a compensable rating have not been met.

The Board has determined that the Veteran does not have a current hearing loss disability for VA purposes, and thus service connection is denied.

The Veteran's vision impairment does not meet the criteria for special monthly pension based on need for aid and attendance or being housebound.

The Veteran's claims for service connection and increased ratings were denied. The Veteran was granted a rating of 20% for bilateral hearing loss, but his claims for depression, degenerative disc and facet joint disease of the lumbosacral spine, and radiculopathy of both lower extremities remain unresolved. Additionally, he is now receiving TDIU based on his service-connected disabilities.

The Board has determined that the Veteran's sleep apnea and hypertension are not proximately due to or the result of his service-connected residuals of a nasal fracture.

The Board has reopened the Veteran's claim for service connection for obstructive sleep apnea (OSA) and found that he is unemployable due to his service-connected obstructive lung disease. The remaining claims of entitlement to service connection for hypertension, diabetes mellitus, and TDIU are being remanded for further development.

The Veteran's claims for increased ratings and an earlier effective date were denied. The November 1997 rating decision was not found to be clearly and unmistakably erroneous.

The Board denied the Veteran's claims for service connection and secondary service connection, finding no current diagnosis of diabetic nephropathy or other claimed conditions. The rating for diabetes mellitus with erectile dysfunction was also denied.

The Veteran's claims for increased ratings for lumbosacral strain and radiculopathy of the left lower extremity were denied. The Board found that the evidence did not meet the criteria for a disability rating in excess of 10 percent for lumbosacral strain prior to March 1, 2007 or from March 1, 2007 through November 2, 2008, and denied his claim for increased ratings. The Veteran's radiculopathy was rated at a 10 percent disability rating effective as of June 1, 2009.

The Veteran's service-connected narcolepsy with sleep apnea is granted a 30 percent evaluation effective November 21, 2005 and a 50 percent evaluation beginning March 1, 2006.

The Board has granted service connection for PTSD and determined that the Veteran's sleep apnea is secondary to her service-connected PTSD. The decision also reopened her claim for PTSD.

The appellant's claim for an increased evaluation for his service-connected degenerative arthritis of the lumbosacral spine is being remanded due to the need for a comprehensive VA examination and compliance with Vazquez-Flores v. Peake, 22 Vet. App. 37 (2008).