Sleep apnea decisions — 2009

The veteran withdrew his appeal for service connection and rating of allergic rhinitis, as well as secondary conditions.

The Veteran's claims for service connection for PTSD and increased ratings for right carpal tunnel syndrome, lumbosacral strain, and cervical strain were denied. However, a 30 percent rating was granted for the right carpal tunnel syndrome.

The Board denied service connection for obstructive sleep apnea, obesity, acid reflux disability, sleep phobia, and sexual impotence as not being related to the veteran's active service or his service-connected bronchial asthma. The claim of entitlement to service connection for sinus disability on a direct-incurrence basis was reopened but ultimately denied. Bilateral hearing loss and tinnitus were also denied.

The Board denied service connection for hypertension, diabetes mellitus, arthritis, skin cancer, epilepsy, sleep apnea, cataracts, and partial blindness as these conditions were not shown to be related to the Veteran's period of active duty or any claimed in-service exposure.

The Board denied service connection for a bilateral foot condition, chronic neurological condition, lumbosacral spine disorder, degenerative disc disease, and sciatic neuropathy as there was no evidence of a current disability that was causally or etiologically related to active military service.

The Board denied the veteran's claims for service connection for bilateral hearing loss, tinnitus, hypertension, peripheral neuropathy of the upper extremities, and sleep apnea as new and material evidence was not received to reopen previously denied claims.

The veteran's claim for an earlier effective date for the increased disability rating for right ankle arthritis was not timely filed and must be dismissed.

The veteran's service-connected disabilities, rated as 50 percent disabling when combined, do not preclude following a substantially gainful occupation.

The Veteran's initial evaluation for degenerative disc disease of the lumbosacral spine was denied as it did not meet the criteria for a higher rating.

The Veteran's claims for increased ratings and a compensable rating were denied, with the exception of grants of 10% and 20% ratings for tinea versicolor and chronic lumbosacral strain, respectively.

The Board denied service connection for the claimed conditions as there was no evidence to support a link between any of these conditions and the Veteran's period of active military service.

The Veteran's PTSD does not meet the criteria for a disability rating higher than 50 percent, and an earlier effective date for the award of a 50 percent evaluation is not warranted.

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

The Board denied service connection for a seizure disorder, degenerative disc disease of the lumbosacral spine, carpal tunnel of the right upper extremity, left knee disorder, and migraine headaches as there was no evidence to support that these conditions were incurred or aggravated during active military service.

The veteran's claim for a disability rating in excess of 40 percent for degenerative disc disease with lumbosacral strain is being remanded to obtain additional evidence.

The Board denied an increased disability evaluation in excess of 40 percent for the veteran's service-connected low back disability but granted a separate 10 percent disability evaluation for right lower extremity radiculopathy.

The Veteran's lumbosacral strain disability was rated at 10 percent prior to September 10, 2003; increased to 20 percent from September 10, 2003, to March 6, 2008; and denied a rating in excess of 40 percent beginning March 6, 2008.

The Veteran was not entitled to an effective date earlier than August 13, 1998, for the award of a TDIU under the provisions of 38 C.F.R. § 4.16(a) because the minimum schedular criteria were not met prior to that date.

The Veteran's obstructive sleep apnea was granted service connection on a direct incurrence basis.