Sleep apnea decisions — 2010

The Veteran's lumbosacral strain with spondylosis and bilateral knee disorders are rated at the maximum allowed under VA guidelines. The Veteran is also granted a TDIU based on his service-connected disabilities.

The Veteran's sleep apnea is not service connected as it began after service and was caused by weight gain and aging, which are not related to his military service.

The Board has granted service connection for hypertension, sleep apnea, coronary artery disease, and pulmonary fibrosis as secondary to the Veteran's military service. The claims for service connection for these conditions are all granted for accrued benefits purposes.

The Veteran's claim for service connection for bilateral hearing loss is granted. The Board finds that the evidence is at least in equipoise as to whether the Veteran's current hearing loss was caused by service, including significant noise exposure during her military career.

The Board finds that the Veteran's currently diagnosed sleep apnea had its onset during his active service and is related to his period of military duty, thus granting service connection for this condition.

The Veteran's claims for increased ratings for hiatal hernia and low back disability were denied. The claim for service connection for retinitis pigmentosa was previously denied in July 1981, with no new and material evidence submitted since then.

The Veteran's claims for a compensable rating for hearing loss, service connection for sleep apnea, and service connection for left eye blindness were denied. The Board found that the evidence did not support these claims.

The Veteran's claim for nonservice-connected pension is being remanded due to the need for additional development, including a new VA examination.

The Veteran's claims for service connection were denied as there was no evidence of a relationship between his current conditions and his military service.

The Board has remanded the case due to an incomplete VA medical opinion regarding whether the Veteran's death, caused by adult respiratory distress syndrome due to pneumonia, with contributing factors of obesity and sleep apnea, is etiologically related to service. The appellant must provide a supplemental statement of the case (SSOC) if the benefits sought are not granted.

The Veteran's degenerative disc disease of the lumbosacral spine resulted in muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour such as scoliosis, reversed lordosis, or kyphosis. The Board granted a 10 percent disability rating for this condition.

The Veteran's claim for increased ratings for his service-connected lumbar and cervical spine disabilities was denied. The RO awarded a 40 percent rating effective August 6, 2010.

The Board has determined that the Veteran's current sleep apnea had its onset during service and granted service connection for this condition.

The Veteran's claim for service connection for sleep apnea, which is secondary to PTSD and possibly aggravated by medications prescribed for PTSD, has been remanded due to the need for additional development of his medical records.

The Veteran's claim for an increased rating for chronic lumbosacral strain was denied as the evidence did not show that his disability warranted a higher evaluation.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain is being remanded due to the need for additional development, including a VA examination and consideration of private treatment records.

The Board has dismissed the appeal with respect to the claims of entitlement to service connection for a fungal disorder, allergic rhinitis, and hypertension due to the Veteran's request for withdrawal. The remaining issues are addressed in the REMAND portion of the decision.

The Veteran's appeal was denied for various issues, including service connection and rating claims. The RO also closed the matter due to a lack of timely substantive appeal.

The Board has determined that the Veteran's obstructive sleep apnea is related to his military service, and thus grants the claim for service connection.

The Veteran's claim for a higher rating for his lumbosacral spine degenerative disc disease was denied. The Board found that the evidence did not show forward flexion of the thoracolumbar spine less than 30 degrees or unfavorable ankylosis, which are required for a higher rating under the applicable VA rating criteria.