Sleep apnea decisions — 2009

The Veteran's request for additional training and computer assistance was denied as it is not necessary to improve his independence in daily living given the severity of his service-connected disabilities.

The Board has ordered additional development due to the need for evidence regarding whether the Veteran's lumbosacral strain is related to his active duty service.

The Veteran's claims for increased evaluations of his cervical spine, lumbosacral spine, and bilateral flat feet disabilities were denied. The claim for PTSD was also denied.

The Veteran's lumbosacral DDD with history of strain was granted a 20 percent rating effective March 15, 2006. The claim for higher ratings remains pending.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions regarding the nature and etiology of his sleep apnea syndrome and eye disorders.

The Board has granted service connection for the Veteran's degenerative disc disease of the cervical spine. The claim for residuals of an injury to the thoracic-lumbar spine is remanded due to incomplete examination.

The Veteran's appeal for increased ratings on several service-connected conditions was dismissed due to his withdrawal of the claim for a higher rating for right knee strain.

The Veteran's claims for service connection and higher initial ratings were denied. The low back disability was not rated higher than 40 percent since February 1, 2008. The bilateral shoulder disorder may not be related to military service.

The Veteran's appeal is remanded due to the need for a new VA examination, as his condition may have worsened since the last evaluation. The Veteran also needs to provide records from his physical therapy and any other relevant medical records.

The Veteran's claims for increased ratings for hypertension, left acromioclavicular joint separation, and lumbosacral disc syndrome were denied. The evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has determined that the Veteran's service-connected sleep apnea contributed to his death, and thus grants service connection for the cause of the Veteran's death.

The Veteran's lumbosacral strain with central disc protrusion at L4-L5 has been manifested by forward flexion limited to 80 degrees, without any incapacitating episodes within the past year and no ankylosis. The current rating of 10 percent is appropriate given these findings.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected residuals of recurrent DFSP and associated scarring, as he has alleged worsening in these conditions since his last examination.

The Veteran's claims for service connection on appeal are being remanded due to incomplete records and the need for further examination.

The Veteran's death is being reviewed for possible service connection, and the DIC claim is inextricably intertwined with this issue. The Board requires a VA medical opinion to determine if any of the Veteran's service-connected disabilities contributed to his death.

The Board has denied all the claims, including service connection for various conditions and compensation under 38 U.S.C.A. � 1151.

The Veteran's sleep apnea and hypertension were not incurred in service or as a result of his service-connected disabilities.,VA medical examinations did not find any link between the Veteran's current conditions and his active service.

The Board has remanded the Veteran's claim for service connection for status post bilateral inguinal hernia repair with ilioinguinal neuralgia to the RO via the Appeals Management Center (AMC) in Washington, DC, for further development and consideration. The decision on the sleep apnea claim remains under review.

The Board found that the Veteran's lumbosacral strain myositis, L4-L5 disc herniation did not manifest as a result of his military service and denied entitlement to service connection for this condition. The claim for bilateral hearing loss was remanded due to insufficient evidence.

The Board finds that the Veteran's sleep apnea and tinnitus were not incurred in or aggravated by his military service. The evidence does not support a finding of continuity of symptomatology since service.