Sleep apnea decisions — 2009

The Board found that the Veteran's fatigue, sleep disorder (obstructive sleep apnea), and hair loss are not service-connected due to lack of evidence linking these conditions to his military service.

The Veteran has been granted service connection for degenerative disc disease of the lumbosacral spine, which is considered a direct result of his active military service.

Your appeal is being remanded to the RO for scheduling a Travel Board hearing. The Veteran has requested such a hearing in connection with his claims of service connection for spondylosis, lumbosacral spine; asbestosis; silicosis; sleep apnea, and tinnitus.

The Board has remanded the case due to incomplete notification and development under the VCAA, and because additional workers' compensation records are needed.

The Veteran's claim for a compensable rating for residuals of a status/post fracture of the right hand was denied as there was no evidence of limitation of motion or ankylosis. The claim for service connection for sleep apnea was also denied due to lack of continuity of symptomatology and the absence of post-service diagnosis.

The Board denied the Veteran's claims for increased initial disability ratings for her service-connected lumbosacral spine disability and asthma, finding that the evidence did not meet the criteria for an increased rating under the applicable VA rating schedule.

The Board has determined that the Veteran's lumbosacral spine disability, including her pre-existing spinal condition, was aggravated by service. The initial rating for this disability remains unchanged.

The Veteran's claim for increased ratings for his service-connected lumbar disc disease prior to September 23, 2002 was denied. The Board found that the evidence did not meet the criteria for a higher rating under DC 5293.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine is rated at 60 percent, effective February 17, 1999. The Veteran also received a temporary total rating for convalescence following cervical spine surgery from April 12, 2005 to May 2005.

The Veteran's low back disability is rated at 40 percent, effective from the date of the decision. The TDIU claim prior to July 9, 1997 remains pending.

The Board has granted service connection for lumbosacral laminectomy, fusion, spondylosis, and spondylolisthesis as they are related to active military service.,Service connection was also granted for hypertension. The Veteran's peripheral neuropathy of the upper extremities is considered secondary to his newly service-connected diabetes mellitus.

The Veteran's case is being remanded to the RO for a videoconference hearing before the Board at the RO.

The Board has determined that the Veteran does not have a current disability related to loss of use of either hand, bilateral knee disorder, low back disorder, respiratory disorder (sinusitis), or sleep apnea. The claim for service connection for an acquired psychiatric disorder is denied as there is no competent medical evidence showing such a condition was incurred in service.

The Veteran's service-connected intervertebral disc disease of the lumbosacral spine is currently rated at 40 percent, and he meets the schedular criteria for a TDIU based on his combined disability rating.

The Veteran's low back disability was rated at 10 percent prior to November 4, 2006 and at 20 percent from that date. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board found that the Veteran's unsatisfactory conduct and cooperation in developing a rehabilitation plan, coupled with lack of mitigating circumstances, justified discontinuing his vocational rehabilitation benefits under Chapter 31.

The Veteran's sleep apnea is being remanded for further examination and opinion to determine if it had its onset in service or is related to service.

The Veteran has withdrawn his appeal for increased rating of lumbosacral arthritis and service connection for cervical spine arthritis. The Board is dismissing these claims.

The Veteran's claims for increased ratings and reopening of a claim were denied. The Board found that the Veteran did not meet the schedular requirements for an increased rating for his cervical spine disability prior to August 16, 2007 or after that date. For his lumbosacral spine disability, he was granted a 10% rating. His claim of service connection for stinging, burning, and ringing of the ears (undiagnosed illness) was denied as new evidence did not warrant reopening the claim. The Veteran's TDIU claim was also denied.

The Veteran's service-connected lumbosacral strain with mild to minimal broad-based disc bulge at L4-5 and L5-S1 is currently evaluated as 20 percent disabling. The Board found that the criteria for an evaluation in excess of 20 percent have not been met.