Sleep apnea decisions — 2009

The veteran's claims for service connection and increased ratings were denied as the evidence did not support the presence of a disability or sufficient severity to warrant higher ratings.

The Board finds that the veteran has a current diagnosis of sleep apnea that is etiologically related to active service and grants service connection for this condition.

The Board denied the veteran's claims for service connection for polyarteritis nodosa, pemphigus foliaceous, erectile dysfunction with loss of use of a creative organ, bilateral peripheral neuropathy of the upper extremities and bilateral peripheral neuropathy of the lower extremities as they were not shown to be related to his active service or in-service herbicide exposure.

The Board remands the case to obtain a new medical opinion regarding the etiology of any obstructive sleep apnea found to be present, as the previous opinions did not adequately address the lay evidence in support of the veteran's claim.

The appeal is remanded to the RO for further development and consideration of the veteran's claims.

The veteran's service-connected lumbosacral strain with mechanical back pain, L5 disc bulging and limitation of motion does not warrant a rating in excess of 20 percent. However, the veteran is entitled to separate ratings of 10 percent for chronic pain in both legs due to radiculopathy.

The veteran withdrew his appeal for service connection for obstructive sleep apnea.

The veteran's PTSD was rated at 30 percent prior to July 16, 2006, and increased to 50 percent from that date due to symptoms of depressed mood, difficulty sleeping, flashbacks, startle response, hypervigilence, and difficulty establishing effective work and social relationships.

The veteran's lumbosacral strain with degenerative disc disease at L4-5 is not more disabling than currently evaluated, as the evidence does not show a disability rating greater than 10 percent.

The Board denied service connection for COPD, a heart disability and sleep apnea as they were not shown to be related to the veteran's military service or any incident therein.

The Board granted service connection for tinnitus, degenerative changes of the lumbosacral spine, and a bilateral knee disability based on evidence showing these conditions are attributable to the veteran's military service.

The veteran's lumbosacral disability is primarily manifested by forward flexion of the thoracolumbar spine of 20 degrees, with no evidence of ankylosis or incapacitating episodes.

The veteran's appeal for increased ratings for lumbosacral strain, left knee degenerative joint disease, and right knee degenerative joint disease is being remanded to schedule a Travel Board hearing.

The Board found that new and material evidence had been submitted to reopen the claim for service connection for an eye disorder, and granted service connection based on a diagnosis of retinitis pigmentosa first manifested during active duty.

The case was remanded for further development to include a medical examination and opinion regarding the etiology of any current back and cervical spine disorders.

The Board denied the veteran's claims for service connection for a back disorder, neck condition, headaches, and sleep apnea as there was no evidence to support a finding that these conditions were related to his military service.

The Board is remanding the claim for a medical opinion on whether the veteran's service-connected spine condition contributed to and hastened his death.

The veteran's sleep apnea syndrome was granted service connection, while a chronic headache disorder and residuals of an injury to the right eye were denied.

The Board finds that service connection for a low back disorder, to include degenerative joint and disc disease of the lumbosacral spine, is warranted based on credible lay evidence of an in-service injury followed by chronic pain since then.

The veteran's service-connected PTSD is rated at 50 percent, but no higher, and the other claims for increased ratings and TDIU were denied.