Sleep apnea decisions — 2009

The Board denied the Veteran's claims for service connection for degenerative changes of the lumbosacral spine secondary to a shell fragment wound, and for initial compensable evaluations for residual scars on the left axilla and buttock.

The appeal is remanded to the RO for further development and readjudication of the claims.

The Veteran's degenerative disc disease of the lumbar spine, status post fusion, was found to be service-connected. However, he does not have a right ear hearing loss disability.

The Board denied the Veteran's claims for service connection for prostate cancer, liposarcoma of the right bicep, and a broken right arm as none of these conditions were related to his military service or presumed exposure to Agent Orange.

The Board remands the case for additional development, including obtaining VA treatment records and scheduling a new VA examination to assess the severity of the Veteran's service-connected low back disability.

The Board remands the case for another VA examination to determine if a current back disorder is related to service, specifically addressing an injury in 1980.

The Veteran withdrew his appeal for service connection for lumbosacral strain, and the Board found that a left knee disability and bilateral carpal tunnel syndrome were not related to active duty service.

The Board granted service connection for lumbosacral strain with degenerative changes and increased the rating to 20 percent, effective February 11, 2005. The Board also granted ratings of 20 percent for right and left lower peripheral neuropathy.

The Veteran was granted a 10 percent rating for duodenal ulcer disease and a separate 10 percent rating for left knee degenerative joint disease by X-ray with painful motion, but the claims for increased ratings for lumbosacral strain, PTSD, and left knee instability were remanded.

The Board has determined that the Veteran's diagnosed sleep apnea is not related to military service or to the service-connected PTSD. Therefore, the claim for service connection for sleep apnea must be denied.

The Board remands the case for further development of the record, including a new VA examination and obtaining updated treatment records.

The appeal is remanded to obtain additional evidence and to provide the Veteran with proper notice of the laws and regulations governing his claims.

The Board denied the claims for increased ratings as there was no evidence of severe limitation of motion or other factors that would warrant a higher rating.

The Veteran's service-connected skin disabilities (psuedofolliculitis barbae and acne keloidalis nuchae) were combined to enable a higher, 30 percent, rating. Sleep apnea was found to be incurred in service, while the other claims for weight gain and left knee disability were denied.

The Board denied an increased rating for the service-connected left knee strain and lumbosacral strain, finding that the evidence did not support a higher disability rating.

The Board denied service connection for the cause of the Veteran's death as there was no competent evidence establishing that a service-connected disability was either the principal or contributory cause of his death, nor was there evidence that the cause of his death was incurred or aggravated in service.

The Veteran's service-connected social phobia with panic disorder was rated 70 percent effective July 9, 2007. Sleep apnea and hypertension were not found to warrant higher ratings.

The Board denied the Veteran's claim for service connection for metastatic abdominal liposarcoma, finding no evidence of in-service exposure to herbicides or asbestos and no medical evidence linking the condition to his military service.

The Board grants the Veteran's claim for service connection for a lumbosacral strain, resolving reasonable doubt in favor of the Veteran.

The Veteran's service-connected neuropathy of the right and left lower extremities is characterized by moderately severe impairment due to weakness, diminished and absent reflexes and sensation, and resulting gait abnormalities. The Board finds that the criteria for a disability rating of 40 percent have been met.