Sleep apnea decisions — 2009

The Board found that the Veteran's low back and neck disabilities were not incurred in or related to his military service, and denied both claims.

The Board has determined that the Veteran does not have a current cervical spine disability, and there is no evidence of service connection for sleep apnea or sarcoidosis. The preponderance of the evidence shows that these conditions are not related to service.

The Board denied the Veteran's claim for service connection for sleep apnea as secondary to his service-connected spine and shoulder disabilities, based on a lack of evidence showing that the sleep apnea was caused or aggravated by these conditions.

The Board denied the Veteran's claim for service connection for degenerative disc disease of the lumbosacral spine, finding that there was no evidence to support a link between the condition and his military service.

The Board granted service connection for sleep apnea, finding that the evidence is in relative equipoise and does not preponderate against the Veteran's claim that it is secondary to his major depressive disorder.

The veteran's requests to reopen claims for service connection for asthma, sleep apnea, sinusitis, and allergic rhinitis were denied as new and material evidence was not presented.

The appellant's lower back disability was rated at 60 percent, but no higher, for the periods in question.

The Board denied the Veteran's claims for increased ratings and service connection, as the evidence did not support higher ratings or service connection.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine is rated at 20 percent, but no higher. The lumbar radiculopathy of the left side does not warrant a rating in excess of 10 percent.

The Board denied service connection for sleep apnea, congestive heart failure (with anasarca and edema), and COPD as they were not etiologically related to active military service, including exposure to herbicides.

The Board remands the claims for further development and to obtain additional evidence.

The appeal is remanded to the RO for further development, including obtaining Social Security Administration records.

The Veteran's claim for service connection for a chronic lumbosacral strain was granted, while the claims for service connection for a cervical spine disorder and other conditions were denied.

The Veteran's service-connected chronic lumbosacral strain, with history of herniated disc, does not meet the criteria for a rating in excess of 20 percent. The Veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment.

The Veteran's claims for increased ratings for osteoarthritis of the lumbosacral spine and right lower extremity radiculopathy were denied as the evidence did not support a higher rating.

The Board denied the Veteran's claim for a rating in excess of 40 percent for his service-connected low back disorder, as there was no evidence of ankylosis or other factors that would warrant a higher rating.

The Board denied service connection for obesity, coronary artery disease with history of congestive heart failure, and sleep apnea as secondary to the service-connected lumbar strain.

The Board denied the claims for service connection for diabetes mellitus, Type II, sleep apnea, and joint pain to include as due to an undiagnosed illness.

The Board denied service connection for the claimed conditions as there was no evidence of a current disability related to each condition.

The Board denied service connection for diabetes mellitus, hypertension, and sleep apnea as they were not shown in service or for several years thereafter and are not associated with the Veteran's service. The Board also denied increased ratings for left ear hearing loss, disequilibrium, hiatal hernia, and chondromalacia of the left knee.