Sleep apnea decisions — 2009

The Board denied service connection for the cause of the Veteran's death, finding that his service-connected disabilities did not cause or contribute to his death and that any relationship between his causes of death and his service was speculative.

The Veteran's claims for service connection and an initial disability rating are being remanded due to the need for additional development, including obtaining a supplemental opinion regarding his exposure to contaminants during the overhaul of U.S.S. Jouett.

The Board denied an increased rating for the Veteran's lumbosacral strain with degenerative joint disease and degenerative disc disease, finding that his current evaluation of 20 percent is appropriate based on the evidence. The hearing loss claim was also denied.

The Board has determined that the Veteran's sleep apnea was not incurred in or aggravated by service and is not related to a service-connected disability. As such, the claim for service connection for sleep apnea is denied.

The Board has determined that the Veteran's current cervical spine degenerative disc disease and lumbosacral strain are not related to service, as there is no evidence of a relationship between these conditions and any in-service injury. The post-service injuries have been considered.

The Veteran's obstructive sleep apnea was not incurred in or aggravated by service, and is not related to undiagnosed illness as a result of service in the Southwest Asia theater during the Persian Gulf War.

The Veteran's unauthorized medical expenses incurred from September 1, 2004 to September 2, 2004 were not reimbursable as she did not meet the criteria for reimbursement under VA regulations.

The Board has remanded the case for further development and to schedule a videoconference hearing.

The Board found that the Veteran's degenerative arthritis of the lumbosacral spine and bilateral hearing loss disability were not incurred or aggravated in service, and thus denied both claims.

The Veteran's claims for increased ratings for his service-connected abdominal wound and lumbosacral strain were denied. The Veteran was not granted a TDIU.

The Board denied the Veteran's claims for increased ratings and did not address service connection issues, as those were remanded.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for depression and a higher rating for his lumbosacral spine disorder. This includes obtaining private medical records, securing Social Security Administration (SSA) disability determination records, scheduling VA examinations, and providing VCAA notice letters.

The Board found that the Veteran's acquired psychiatric disorder and sleep apnea did not have onset during service or are otherwise related to his military service. The decision is mixed, with some issues granted (sleep apnea) and others denied (acquired psychiatric disorder).

The Board denied the Veteran's claim for service connection for sleep apnea, finding no indication in his treatment records that it may be due to or related to his active service.,Regarding Bochdalek's hernia, the Board found clear and unmistakable evidence demonstrating a pre-existing condition at entry into service. The Board also found clear and unmistakable evidence showing that the Veteran's pre-existing condition did not increase in disability during service.

The Veteran's lumbosacral strain and gunshot wound residuals, left thigh, Muscle Group XV, were evaluated at 20 percent and 10 percent respectively. The VA determined that these conditions did not warrant higher ratings based on the current evidence.

The Veteran's claims for increased evaluations of his right ankle strain, left ankle strain, right shoulder impingement syndrome, and lumbosacral strain prior to March 27, 2008 were denied as the evidence did not meet the criteria for a compensable evaluation.

The Board has remanded the case for further development, including an updated VA examination and additional medical evidence. The Veteran's service-connected pulmonary sarcoidosis is being evaluated for a disability evaluation greater than 30 percent.

The Board has determined that the appellant does not meet the criteria for increased DIC benefits based on need for regular aid and attendance or permanent housebound status.

The Board has determined that the Veteran's claim to reopen his service connection for degenerative changes of the lumbosacral spine with back and neck pain, secondary to residuals of a pilonidal cystectomy, was denied. The Veteran's claim for an increased rating for status-post excision of a pilonidal cyst with a cystectomy scar also resulted in denial.