Sleep apnea decisions — 2009

The Veteran's claim for an increased rating for lumbosacral disc disease was denied as his disability did not meet the criteria for a higher rating based on unfavorable ankylosis of the entire thoracolumbar spine. The current evaluation of 40% is maintained.

The Veteran's right ankle disability is rated at 10 percent, and his low back disability is rated at 20 percent prior to November 22, 1999, and 40 percent from that date. The appeal for higher ratings remains denied.

The Veteran's claims have been dismissed due to his death.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation, thus his claim for TDIU is denied.

The Veteran's degenerative disc disease of the lumbosacral spine is found to be proximately due to his service-connected intra-articular fracture, right distal femur with malunion and degenerative joint disease, right knee. The claim for secondary service connection is granted.

The Veteran's disability picture reasonably encompasses a variety of significant multi-system disabilities that render him more often than not unable to safely perform virtually all activities of daily living without regular assistance from another person, warranting the grant of SMP benefits based on the need for regular aid and attendance.

The Board has granted service connection for diabetes mellitus, finding that the Veteran's current condition is related to his military service. Service connection was denied for sleep apnea due to lack of a medical nexus between the condition and either the Veteran's military service or any service-connected disability.

The Board has determined that the Veteran's sleep apnea was not incurred in or aggravated during active service and is not proximately due to or the result of a service connected disease or injury.

The Veteran's claims for increased ratings and service connection were denied. The initial rating for the lumbosacral spine was granted but at a noncompensable level, effective September 1, 2002. The Veteran's claims for asthma and GERD were also denied.

The Veteran's claims for service connection and increased evaluations were denied. The RO found that the evidence did not support a compensable rating for hearing loss.

The Veteran's claims for increased disability ratings and effective dates were denied.,The Veteran's claim for TDIU was also denied. The April 1971 rating decision reducing the lumbosacral strain rating from 20% to noncompensable is not considered clear and unmistakably erroneous.

The Board has granted service connection for the Veteran's lumbosacral spine degenerative joint disease and degenerative disc disease, finding that these conditions were aggravated by his service-connected bilateral knee disabilities. The claim for an initial rating in excess of 30 percent for left knee arthroplasty is referred to the RO for further development.

The Veteran's initial claim for a higher rating for osteoarthritis of the lumbosacral spine was granted, and he is currently rated at 20 percent from May 30, 2006. The appeal does not involve any service connection issues.

The Board found that the Veteran's current obstructive sleep apnea is not related to his military service and denied his claim.

Service connection is denied for all claimed conditions as the competent evidence does not establish a link between any current disabilities and service or any presumptive period.

The Veteran's claims for increased ratings for bilateral pes planus and lumbosacral strain with degenerative arthritis were denied by the RO in April 2007. The Veteran has expressed disagreement with these decisions.

The Board found that the Veteran's obstructive sleep apnea and depression were not incurred in or aggravated by active service, nor are they proximately due to or the result of a service-connected disability.

The Board denied the Veteran's claims for service connection for bilateral hearing loss and entitlement to higher special monthly compensation, finding that his hearing loss was not incurred in or aggravated by active service and may not be presumed to have been incurred therein. The Board also found that his hearing loss is not proximately due to or the result of a service-connected disability.

The Board has remanded the case for further development, including a VA examination and notification regarding secondary service connection.

The Board found that the Veteran did not have current diagnoses of sleep apnea, residuals of a right hand injury, or low back disorder. The Board also determined that there was no evidence of chronic left foot injuries during service and thus denied service connection for these conditions.