Sleep apnea decisions — 2009

The Veteran's DVT of the right lower extremity is currently rated at 10 percent, and this decision grants a 20 percent rating effective from the date of the claim.

The Veteran's claim for service connection for chronic bilateral hearing loss disability was denied. The VA granted service connection for lumbosacral spine disability and assigned a noncompensable evaluation, which was later increased to 10 percent effective October 16, 2006.

The Veteran's appeal is being remanded for a Board hearing at the RO.

The Board denied the Veteran's claims for increased ratings for her lumbosacral strain and stress fracture residuals, bilateral toes. The evidence did not meet the criteria for a rating in excess of 10 percent for the service-connected low back disorder or for a compensable rating for the service-connected toe fractures.

The Veteran's claims for service connection for various conditions, including diabetes mellitus type 2 and its secondary effects on other conditions, were denied as there was no evidence of in-service exposure to herbicides or direct service connection.

The Board denied the Veteran's claims for service connection for a skin disorder and lumbosacral spine disorder, finding that new evidence did not relate to an unestablished fact necessary to substantiate the claim. The Board also found no medical nexus between the current diagnoses and active duty service.

The Board denied service connection for hypertension and a higher evaluation for lumbosacral strain. The Veteran's hypertension did not have onset during active service or within one year of separation, and there is no evidence linking it to his service. For the lumbosacral strain, the Board found that the disability does not meet criteria for an increased rating as forward flexion was at least 40 degrees.

The Veteran's appeal has been dismissed due to his death during the pendency of the appeal.

The Board finds that the Veteran is not entitled to fee-basis surgical placement of an intrathecal pain pump, nor is she entitled any maintenance or medication refills for the pain pump currently implanted. Thus, the claim is denied.

The Veteran's claim for service connection for soft tissue sarcoma (leiomyosarcoma) as a result of exposure to herbicides was denied because there is no evidence that he actually set foot in the Republic of Vietnam during his military service. The Board found that presumptive service connection requires having actually set foot ashore in Vietnam, and since the Veteran did not do so, his claim cannot be granted.

The Board denied an earlier effective date for the grant of service connection for sleep apnea, finding that no new and material evidence was presented between January 1996 and September 30, 2002. The Veteran's claim was not considered final due to his failure to appeal the initial denial in 1996.

The Board has determined that the Veteran's lumbosacral strain warrants a 20 percent rating, which is higher than the current 10 percent assigned. The evidence shows limitation of lumbar motion and muscle spasms, but does not meet the criteria for a 40 percent evaluation due to lack of ankylosis or incapacitating episodes.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain/sprain with intermittent left sided sciatica, and first degree spondylolisthesis of L5 on S1 with degenerative disc disease of the lumbar spine was denied as there is no evidence of ankylosis or incapacitating episodes.

The Veteran's claim for service connection for headaches, claimed as secondary to a lumbosacral strain with injury to L1 and L5 and degenerative changes, is being remanded due to the need for additional VA treatment records.

The Board denied the Veteran's claims for service connection for sleep apnea, peripheral neuropathy of the upper extremities (right and left), and PTSD. The Board found that there was no evidence to support a causal relationship between these conditions and his service-connected diabetes mellitus or any other service event.

The Board has denied the Veteran's claims for service connection for various conditions, finding no evidence of a causal link between these conditions and his military service.

The Veteran's claims for increased evaluations and service connection have been denied. The initial evaluation for bilateral pes planus with plantar fasciitis remains at 10 percent, while the lumbar strain with intervertebral disc syndrome is rated at 30 percent as of April 8, 2008. Service connection has not been established for prolactin-secreting pituitary tumor, sleep apnea, or residuals of breast reduction and right thumb sprain.

The Veteran's service-connected disabilities do not preclude him from substantially gainful employment, consistent with his education and occupational experience.

The Board has granted an increased evaluation for the appellant's service-connected lumbosacral strain and spondylolisthesis, currently rated at 40 percent. The TDIU claim is also granted as it is inextricably intertwined with the increased rating claim.

The Veteran's claim of service connection for a lumbosacral spine disability was previously denied and is now being reopened. The Veteran's bilateral hearing loss, PTSD, left knee disability, right knee disability, and calcaneal spurs are all currently rated based on their current severity.