Sleep apnea decisions — 2009

The Board denied the veteran's claims for service connection for lumbosacral strain and aortic stenosis, finding that new and material evidence had not been presented to reopen the claim of lumbosacral strain and that there was no evidence linking either condition to his military service.

The veteran's current GERD, obstructive sleep apnea, and low back pain were not related to active service.

The veteran's need for regular aid and attendance is not due to his service-connected post-traumatic stress disorder, and he is not permanently housebound by reason of his service-connected post-traumatic stress disorder.

The veteran's appeal for service connection for bilateral ankle disability and obstructive sleep apnea was dismissed due to a lack of timely substantive appeal.

The veteran's appeal for service connection for left leg/ankle swelling was withdrawn. The remaining claims were denied as there is no medical evidence of a causal link between the claimed conditions and any incident of service.

The Board remands the claim for a VA examination to determine if the veteran's current sleep apnea is related to his in-service treatment of insomnia.

The Board denied service connection for a lumbosacral sprain, claimed as a back disorder, and a heart disorder due to lack of evidence linking these conditions to the veteran's active military service.

The Board denied service connection for sleep apnea, weight gain or obesity, and testosterone deficiency as the evidence did not support a causal link to service.

The Board finds that the veteran's sleep apnea is due to disease or injury incurred during active service.

The veteran's claims for increased initial evaluations for PTSD, residuals of a gunshot wound, bowel resection, and degenerative joint disease, lumbosacral spine, with metallic debris at posterior abdomen at L4-L5 were denied. The veteran was also denied an earlier effective date for the grants of service connection for these disabilities.

The Board denied the veteran's claims for increased ratings for cervical spine, lumbar spine, hemorrhoids, and right wrist ganglion cyst excision disabilities.

The Board denied service connection for left knee disability and remanded the issue of an initial rating in excess of 10 percent for lumbosacral strain due to a need for a new VA examination.

The veteran withdrew his appeals for service connection for sleep apnea and increased evaluations for bilateral knee disabilities, focusing only on PTSD.

The veteran's lumbosacral strain does not meet the criteria for a disability rating higher than 20 percent.

The appeal for service connection for PTSD was denied as there is no competent medical evidence linking the veteran's PTSD to his military service. The appeal for sleep apnea was withdrawn by the appellant.

The Board denied the veteran's claim for service connection for sleep apnea as there was no competent medical evidence showing he had the condition. The appeal regarding diabetes mellitus, type II, is being remanded.

The veteran's lumbosacral strain and tinea versicolor do not meet the criteria for higher ratings at any time since August 7, 2003.

The Board denied a rating in excess of 40 percent for lumbosacral strain with herniated nucleus pulposus status post laminectomy and granted the veteran's withdrawal of his appeal regarding Bell's Palsy.

The veteran's lumbosacral strain was rated at 40 percent prior to September 26, 2003, but the rating was reduced to 20 percent on and after that date.

The veteran's lumbosacral strain was rated at 10 percent prior to September 8, 2008, and increased to 20 percent from that date. No initial compensable rating was granted for muscular degeneration of the left thigh.