Sleep apnea decisions — 2009

The Veteran's service connection claims for obstructive sleep apnea, athlete's foot, bilateral hearing loss and hypertension are all granted.

The Board has determined that additional development is needed to determine the Veteran's service connection claims, including verification of his duty status during the alleged in-service injuries and obtaining VA treatment records.

The Veteran's service-connected lumbosacral adhesive arachnoiditis has been rated at 10 percent since July 23, 2004. The RO increased the rating to 20 percent effective February 26, 2009.

Throughout the rating period, the Veteran's low back disability was characterized by moderate limitation of motion. The Board found that this did not warrant a higher initial disability rating.

The Veteran's service-connected lumbosacral strain is currently rated at 40 percent, and the Board found that it does not warrant a higher rating due to lack of ankylosis or significant limitation of motion.

The Veteran's claims for service connection for various conditions, including a chronic chest disorder, total mind and body disorder, rheumatoid arthritis, left foot disorder, and sleep apnea, were denied. The Board found that there was no evidence of current disabilities related to these conditions or exposure to herbicides in Vietnam.

The Veteran's service-connected disabilities, including bilateral shoulder disabilities and sleep apnea, are found to render him unable to secure or follow substantially gainful employment.

The Veteran's service-connected disabilities prevent him from performing functions of self-care and may render him unable to protect himself from hazards or dangers incident to his daily environment. The examination is needed to determine if he requires assistance in bathing, tending to hygiene needs, and whether he is substantially confined to his dwelling.

The Veteran's claim for increased ratings for his service-connected low back disability was denied. The Board found that the evidence did not meet the criteria for a rating in excess of 20 percent prior to June 16, 2008 and did not meet the criteria for a rating in excess of 40 percent from June 16, 2008.

The Board found that the Veteran's sleep apnea was not incurred or aggravated by active military service and denied his claim for service connection.

The Board has determined that a new VA examination is needed to determine the etiology of the Veteran's sleep apnea and whether it is related to active duty service, as well as whether it is secondary to his service-connected PTSD.

The Veteran's service connection claim for CAD, status-post myocardial infarction and coronary artery bypass graft is granted. The claim for sleep apnea requires further development.

The Board has determined that further development is needed to clarify the Veteran's current diagnosis of sleep apnea and to obtain relevant medical records. The case will be remanded for these actions.

The Board has remanded the case for additional development due to missing service records and incomplete medical opinions.

The Veteran's lumbosacral strain has been productive of painful motion, but forward flexion of the thoracolumbar spine has been greater than 30 degrees and there has been no ankylosis. The claim for a higher rating is granted.

The Veteran's skin condition, bilateral knee pain, multiple joint pain, sleep apnea and chronic fatigue syndrome are all found to be related to his military service.

The Board has granted service connection for bilateral tinnitus and found that it was incurred during active duty due to military acoustic trauma. Service connection for rosacea was denied as there is no evidence linking the condition to service.

The Veteran's service-connected sleep apnea and interstitial lung disease are rated at 50 percent, effective December 4, 2007.

The Veteran's claim for a rating in excess of 40 percent for degenerative disc disease of the lumbosacral spine was denied as his disability did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's claim for an increased rating for DDD of the lumbosacral spine was denied, and his claim for an earlier effective date for service connection remains pending.