Sleep apnea decisions — 2009

The Veteran's claims for an increased rating for lumbosacral strain and service connection for a psychiatric disorder are being remanded for further development.

The Veteran's service-connected disabilities, including lumbosacral strain, bilateral foot callosities with warts, hiatal hernia, and post-traumatic headaches, did not meet the criteria for higher ratings during the relevant periods.

The Board denied service connection for a sinus disability, sleep apnea, and an increased rating for left knee degenerative joint disease. The initial rating for PTSD was also denied.

The Veteran's lumbosacral strain is rated at 10 percent, as the evidence shows localized tenderness and intermittent flare-ups that limit work performance.

The appeal is remanded for further development and adjudication of the Veteran's claims.

The veteran's lumbosacral strain did not meet the criteria for a rating in excess of 20 percent from September 26, 2003 to October 27, 2006 and did not meet the criteria for a rating in excess of 40 percent from October 28, 2006.

The claim for service connection for bilateral hearing loss was reopened, but the claims for service connection for residuals of shell fragment wound of the right thigh, residuals of mononucleosis, hepatitis, scar of the right middle finger, and scar of the right great toe were not reopened. The claims for service connection for a left ankle disability, sleep apnea, and temporomandibular joint disability were denied.

The appeal is being remanded to the RO for further development and adjudication of the service connection claims.

The Board denied the Veteran's claim for service connection for residuals of removal of liposarcoma of the right thigh, as there was no evidence that he had service in Vietnam and his condition was not related to his active service.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine is not shown to be productive of limitation of forward flexion of the thoracolumbar spine to 30 degrees or less, ankylosis in the thoracolumbar spine, incapacitating episodes, or additional neurological impairment (aside from radiculopathy of the left lower extremity, rated 10 percent).

The Board denied service connection for hypertension, a heart disorder, sleep apnea, bilateral hearing loss, and tinnitus as there was no evidence of these conditions in service or within one year after discharge, and no competent medical evidence linking them to the Veteran's period of service or any service-connected disability.

The Board denied an initial rating in excess of 20 percent for lumbosacral strain with degenerative joint disease, as the Veteran's disability did not more nearly approximate severe limitation of motion or other criteria necessary to warrant a higher rating.

The Board denied service connection for COPD, coronary artery disease, hypertension, and sleep apnea as they were not shown to be related to the Veteran's active service or his service-connected elevation of the left hemidiaphragm.

The Board denied service connection for sinusitis, GERD, and sleep apnea as the evidence did not support a finding that these conditions were incurred or aggravated during active military service.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's sleep apnea began during active service. With application of the doctrine of reasonable doubt, service connection for sleep apnea is warranted.

The appeal is remanded to the RO for further development and action.

The Board denied increased ratings for lumbosacral strain and degenerative disc disease of the cervical spine, as well as an earlier effective date for the 40 percent evaluation for lumbosacral strain.

The Board denied service connection for sleep apnea as there is no evidence of a medical relationship between the condition and the veteran's military service.

The appeal is remanded to the RO for scheduling a Travel Board hearing as requested by the Veteran.

The Veteran's appeals for service connection for diabetes mellitus, erectile dysfunction, hearing loss, tinnitus, arthritis of the bilateral hips and knees, neuropathy of the right and left hand, sleep apnea, and PTSD were withdrawn by the appellant prior to promulgation of a decision.