Sleep apnea decisions — 2010

The Veteran's PTSD is found to be incurred in service, and the claim for a rating in excess of 20 percent for lumbosacral strain is granted.

The Board has determined that the Veteran's claims for service connection for various conditions, including ear disease, hypertension, diabetes mellitus, sleep apnea, left knee disorder, right knee disorder, bilateral foot disorder, GERD, cramps in legs and feet, back disorder, headaches, arthritis of the hands, and skin infection of the feet are not supported by the evidence. The Board finds that there is no competent medical evidence linking these conditions to service or any period thereof.

The Board finds that the Veteran's death was not caused by a service-connected disability, and therefore, denies the claim for service connection for the cause of the Veteran's death.

The Veteran's claim for special monthly compensation based on the need for aid and attendance of another person or being housebound is remanded due to the need for current evaluations of his disabilities.

The Veteran's appeal was dismissed due to his death.

The Veteran's service-connected deviated septum has aggravated his nonservice-connected sleep apnea, resulting in a need for the use of a breathing assistive device (BiPAP) to manage symptoms. The Board granted an initial compensable evaluation of 50 percent for sleep apnea.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected type II diabetes mellitus.

The Board has determined that the Veteran's sleep apnea first manifested during service and is related to his in-service symptoms, thus granting service connection for this condition.

The Board found that degenerative disc disease of the lumbosacral spine was not incurred in or aggravated by service and denied the claim.

The Veteran's bilateral hip and lumbosacral strain disabilities have been granted with initial ratings of 10 percent for the right hips, effective October 22, 2003. The left hip disability has a separate rating of 10 percent. The lumbosacral strain was initially rated noncompensable but increased to 10 percent.

The Board has determined that osteoarthritis of the lumbar spine is presumed to have been incurred in service.

The Board has remanded the case for further development, including obtaining VA medical records and scheduling a VA examination to determine the nature, extent, and etiology of the Veteran's sleep apnea. The issue remains in denial as service connection is decided on the merits.

The Board denied attorney fees for past-due benefits as the November 2009 RO decision granting service connection for a lumbosacral strain was based on an original claim without any NOD, and thus does not meet the criteria for attorney fees.

The Veteran's appeal is being remanded due to the need for further development, including a VA examination by a sleep disorders specialist and obtaining additional medical records.

The Veteran's appeal for service connection for degenerative joint disease of the lumbosacral spine has been dismissed due to his death.

The Veteran's service-connected lumbosacral strain is currently rated at 40 percent, and the Board has determined that a higher rating is not warranted. The claim for TDIU was also denied as there is no evidence of unemployability due to his service-connected disabilities.

The Veteran's DDD of the lumbosacral spine with spondylolisthesis is rated at 40 percent, effective from the date of this decision. The rating for L5-S1 radiculopathy remains at 10 percent prior to February 7, 2007 and at a maximum of 10 percent thereafter.

The Board granted a disability evaluation of 60 percent for bronchial asthma, effective March 6, 2000. The issue of service connection for sleep apnea was also addressed and the claim was granted.

The Board has determined that the Veteran's bilateral hip degenerative joint disease, status post total bilateral hip arthroplasty, is not related to his service-connected low back disability and remands for further examination.

The Board found no evidence of a chronic skin rash during service and denied the Veteran's claim for service connection for a skin disability. The claims for bilateral hearing loss, obstructive sleep apnea, and a bilateral leg disability were also denied.