Sleep apnea decisions — 2009

The Veteran's claim for a higher rating for his service-connected back disability is being remanded due to the need for additional development and consideration of staged ratings, as well as separate ratings for bowel and bladder impairment.

The Veteran's chronic low back disorder is not service-connected and the Board finds that it is not proximately due to or aggravated by his service-connected right knee condition.

The veteran has withdrawn his appeal regarding the evaluation of lumbosacral strain prior to January 24, 2007 and the increased evaluation for lumbosacral strain. As a result, these issues are dismissed.

The Veteran's claim for service connection for seborrheic dermatitis is dismissed as no justiciable case or controversy remains.,The claim for service connection for sinusitis has been reopened, but the evidence does not establish a current disability related to service. The Board finds that the Veteran does not have chronic maxillary sinusitis and therefore cannot be granted service connection.,Service connection for sleep apnea is denied as there is no showing of a chronic condition during service or within the initial post-service year.

The Veteran's claims for service connection and initial disability evaluations have been denied. The Board found no new and material evidence to reopen the claim for lumbosacral strain, and determined that his neck, liver condition, gouty arthritis, and hypertension were not incurred or aggravated in service.

The Board has determined that the evidence supports reducing the evaluation for lumbosacral strain from 40 percent to 20 percent, effective March 1, 2007. The Veteran's service-connected bowel disorder is not supported by competent medical evidence and thus denied.

The Board has reopened the claim for service connection due to new and material evidence, including a diagnosis of retinitis pigmentosa during active duty. The Veteran's eye disorder is considered incurred in service.

The Board denied the Veteran's claims of service connection for various conditions, including tuberculosis, liver damage and hepatitis, endocrine system damage with diabetes mellitus, sleep apnea, neuropathy of extremities, diabetic retinopathy blindness, and headaches. The decision found that new evidence did not support reopening the claim for residuals of tuberculosis, and that there was no direct service connection for any of the other conditions.

The Veteran's claim for an increased evaluation of his lumbosacral strain with degenerative changes and disc herniation is being remanded due to the need for a personal hearing.

The Veteran's claim for increased evaluations of his lumbar spondylosis was denied. The RO granted a 20 percent evaluation effective February 18, 2005 and later granted a 40 percent evaluation effective January 31, 2007.

The Veteran's claim for a TDIU due to service-connected disabilities is being remanded as the VA examination report does not address his employability solely based on his service-connected disabilities, and additional records are needed.

The Veteran's appeal is being remanded for further development due to the inadequacy of a previous VA examination and opinion.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and arranging for a VA examination to determine the nature, extent, and etiology of his sleep apnea. The claims will be readjudicated after these actions.

The Board denied the Veteran's claims for service connection for bilateral hearing loss, recurrent tinnitus, and residuals of nasal surgery (claimed as sleep apnea) due to a lack of evidence linking these conditions to his active military service.

The Veteran's service-connected disabilities, which include depression, cervical spine strain, traumatic injury to the lumbosacral spine with strain, post-traumatic right supraorbital neuropathy, and visual field defect of the right eye with glaucoma, have been rated based on their individual effects. The combined rating is 80 percent.

The Board denied service connection for the cause of the Veteran's death, finding that there was no evidence linking any heart condition to service or a service-connected disability.

The Veteran's low back disorder and sleep apnea have been granted service connection. The increased rating claims for cardiovascular disease, rhinosinusitis, right wrist, and right knee disorders are pending.

The Veteran withdrew his appeal for the initial claims of increased ratings for cervical and lumbosacral spine disabilities before the Board could make a decision.

The Veteran's claims for service connection for a thoracic spine disability and hepatomegaly were denied, while her claim for an initial rating in excess of 10 percent for lumbosacral spine arthritis was granted.