Sleep apnea decisions — 2009

The Board found that the reduction of the veteran's disability evaluation from 100 percent to 0 percent for residuals of myxoid liposarcoma of the right lateral thigh was proper, as there were no active or recurrent sarcomas and no evidence of impairment of function.

The Board granted service connection for obstructive sleep apnea and dismissed the appeal regarding an increased rating for osteoarthritis of the lumbar spine. The issue of entitlement to an increased rating for para-thyroid gland abnormality with hypocalcaemia and nephrolithiasis is remanded.

The veteran's obstructive sleep apnea was rated at 50 percent, and the claim for a total disability rating based on individual employability due to service-connected disability (TDIU) was denied.

The Board denied service connection for sleep apnea as the evidence did not support a finding that it was incurred in or aggravated by active military service.

The Board denied service connection for retinitis pigmentosa as there was no evidence of the condition manifesting during or being aggravated by active military service.

The veteran's claims for service connection and increased ratings were denied as the evidence did not support a finding of chronic lumbar strain, or an increase in severity of right knee, left knee, or left hand disorders.

The Board finds that the veteran's rheumatoid arthritis, including deformity of the hands, and sleep apnea are due to disease or injury incurred in active service.

The Board denied an initial rating higher than 20 percent for lumbosacral strain prior to November 19, 2002, and an initial rating higher than 40 percent from that date. For systemic lupus erythematous, the Board also denied an initial rating higher than 60 percent.

The appeal of the veteran's claim for an effective date prior to January 13, 2003 for additional compensation for a dependent child based on school attendance was denied.

The veteran's service-connected lumbosacral strain is manifested by limited range of motion, decreased endurance during repetitive range of motion, and pain; with no findings of ankylosis, radiculopathy, or neurological symptoms; and, with no evidence of incapacitating episodes having a total duration of at least 6 weeks during the past 12 months.

The appeal is remanded for additional development, including obtaining the veteran's VA treatment records and scheduling him for an additional VA spine examination.

The Board denied the veteran's claims for service connection for subacute peripheral neuropathy, emphysema/chronic obstructive pulmonary disease (COPD), and obstructive sleep apnea as they were not shown to be related to his active service or exposure to herbicides.

The veteran's claims for service connection for high blood pressure, pelvic tilt, degenerative joint disease and disc disease of the lumbosacral spine, and a neck condition have been granted.

The veteran's claims for service connection for irritable bowel syndrome and lumbosacral strain are being remanded for further development.

The Board found that the veteran's service-connected back disability did not necessitate frequent hospitalizations or result in marked industrial impairment, and therefore denied an extraschedular rating.

The veteran's carpal tunnel syndrome of both upper extremities and cervical/lumbosacral strain do not meet the criteria for a higher disability rating.

The veteran's lumbosacral strain and defective hearing do not meet the criteria for higher ratings.

The appeal is remanded to provide sufficient notice and readjudication on the issues of secondary service connection that have been raised.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for bilateral flat feet, but not for a low back disorder. The veteran's myofascial pain syndrome is related to his active duty service, while sleep apnea, GERD, and memory loss are not.

The Board denied service connection for a lumbosacral spine disorder and PTSD, as there was no credible evidence of an in-service injury or verified stressor event.