Sleep apnea decisions — 2009

The Veteran's claims for a higher rating for his left ankle disability and service connection for cervical spine, lumbosacral spine, and right ankle disabilities were denied as the evidence did not support an increase in severity or a finding of service connection.

The claim for service connection for a bilateral venous condition was reopened, but the claims for service connection for asthma and sleep apnea were denied.

The Board denied service connection for the cause of the Veteran's death and denied DIC under 38 U.S.C. § 1318, as there was no evidence linking the Veteran's fatal disease process to his period of military service or any of his service-connected disabilities.

The appeal is remanded for additional development, including obtaining service treatment records and scheduling the Veteran for VA examinations.

The Board denied service connection for the veteran's claimed conditions, including respiratory disorder, hyperlipidemia, obesity, GERD, hypertension, ED, osteoarthritis, and sleep apnea, as none of these conditions were shown to be related to his military service or any exposure to hazardous environmental agents.

The Board denied service connection for the cause of the Veteran's death, finding no evidence linking his lung cancer with liver metastasis to his military service or presumed Agent Orange exposure.

The Board denied service connection for right ear hearing loss and sleep apnea, as there was no evidence of a current disability in the right ear and no evidence that the Veteran's sleep apnea was caused by her service-connected PTSD.

The Board denied the veteran's claim for service connection for mild degenerative changes, lumbosacral spine, as there was no medical evidence to support a link between the current condition and his military service.

The appeal is remanded for additional development, including a new VA examination to determine the current severity of the Veteran's service-connected conditions.

The Veteran's sleep apnea was granted service connection as it began during active service.

The appeal is remanded for additional development, including verification of herbicide exposure and examinations to determine the etiology of diabetes mellitus and pes planus.

The Board denied the veteran's claims for increased ratings and service connection, finding that the evidence did not support higher evaluations or additional service-connected conditions.

The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected cervical spine disability and direct service connection for tinnitus. The claims for shin splints, right leg; shin splints, left leg; muscle pain, right arm; muscle pain, left arm; and ulnar nerve sensory loss, right hand were denied.

The Veteran's claim for service connection for PTSD was denied as there is no evidence of a current diagnosis. The claims for service connection for pes planus of the right foot, degenerative joint disease of the right knee, left chronic knee disability, and degenerative joint disease of the lumbosacral spine were remanded for further development.

The Board finds that the Veteran's obstructive sleep apnea did occur during active service and grants service connection for this condition.

The Board denied service connection for glaucoma, residuals of a stroke, sleep apnea, and circulatory disorder of the legs. The initial rating for left thoracic radiculopathy was also denied.

The Board denied the veteran's claims for a rating in excess of 40 percent for lumbosacral strain and entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities.

The Veteran's skin disorder and bilateral hip bursitis were granted service connection. The Veteran was also granted a 30 percent disability rating for asthma.

The Board denied the veteran's claims for service connection for right knee strain, left knee strain, and degenerative joint disease of the lumbosacral spine as secondary to his service-connected bilateral heel spur disabilities.

The Veteran's degenerative disc disease and degenerative joint disease of the lumbosacral spine with left hip pain does not warrant a disability rating in excess of 10 percent, but he is granted a separate 10 percent rating for an objective neurological abnormality based on mild impairment of the right lower extremity.