Sleep apnea decisions — 2009

The Board has determined that new and material evidence has been submitted to reopen the appellant's claim for service connection for retinitis pigmentosa, a current diagnosed condition. The private medical opinion linking the appellant's current condition to his military service is considered sufficient to establish service connection.

The Veteran's claim for an increased rating for his lumbosacral spine disability is being remanded due to the need for a new VA examination and additional development of medical records.

The Board has determined that the Veteran's sleep apnea is caused by his service-connected left knee disability and requires a CPAP machine, warranting a 50% rating.

The Veteran's service-connected low back disability, even considering his complaints of pain, did not meet the criteria for a higher rating as it did not result in forward flexion of the thoracolumbar spine at or below 30 degrees, nor was there evidence of favorable ankylosis. The Board found that the current 20% rating adequately reflects the Veteran's disability.

The Veteran's service connection claim for a respiratory disability, to include sleep apnea, was denied as there is no evidence of a chronic condition during or after service and the medical opinion found no link between his current sleep apnea and military service.

The Board has granted service connection for hypertension and denied service connection for a right lower extremity disorder (claimed as the residuals of a fracture of the right tibia and femur) and lumbosacral strain, finding in favor of the Veteran on both hypertension and lumbosacral strain claims.

The Veteran's current degenerative joint disease of the lumbar spine is service-connected. The Board also granted service connection for cellulitis, otitis media, tinnitus, nasopharyngeal cancer (claimed as throat cancer), and diabetes mellitus.

The Board has determined that there is a need for further VA examination and development of evidence to determine if the Veteran's current skin conditions are related to his in-service sun exposure or treatment for a skin condition.

The Veteran's appeal is being remanded for further examination and consideration of his claims, including a spine disorder and a left knee disorder.

The Veteran's claims for PTSD, bilateral carpal tunnel syndrome, and sleep apnea are granted. The claim of residuals of a right ankle injury is reopened but the issue remains pending as new evidence has been submitted.

The Board has remanded the case for additional development due to a lack of evidence regarding whether the Veteran's low back disability is related to service.

The Veteran's combined disability rating is 80%, but his service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board denied service connection for a low back disability, finding no evidence of a chronic condition in service and insufficient medical opinion to link the current condition to service.

The Board has granted service connection for sleep apnea and hypothyroidism, finding that the Veteran's symptoms of fatigue, tiredness, and snoring are related to his active duty service.

The Board finds that the Veteran's back disability and headaches do not meet the criteria for service connection or a compensable rating, respectively.

The Board found no CUE in the prior rating decisions denying a TDIU, as there was insufficient evidence to determine if the Veteran's service-connected disabilities precluded him from securing or maintaining gainful employment.

The Veteran's claim for an increased rating for his service-connected lumbosacral spine disability is being remanded due to the need for additional VA examination and treatment records.

The Veteran's claim of service connection for bilateral hearing loss was denied in November 1973, and the Board has reopened it with new evidence. However, his current diagnosed bilateral hearing loss is not shown to be related to his period of active duty. The Veteran's back disability does not meet the criteria for a rating in excess of 20 percent.

The Board has decided to remand the Veteran's claim for service connection for sleep apnea due to inadequate examination and lack of medical records.

The Veteran's claims for sleep apnea and chronic fatigue syndrome were denied. The Veteran's service-connected residuals of meningitis, to include headaches, are currently rated at 30 percent.