Sleep apnea decisions — 2010

The Veteran's claim for service connection for left ear hearing loss is denied as there is no evidence of a current disability. The claims for right ear hearing loss, tinnitus, and lumbosacral spine status post surgery are remanded due to the need for further development.

The Veteran's appeal for increased ratings and TDIU was denied. The Veteran is service-connected for degenerative disc disease of the lumbosacral spine, major depressive disorder, and erectile dysfunction, with a combined disability rating of 90 percent.

The Board has decided to remand the case for further development, including obtaining private medical records and scheduling a VA examination.

The Board denied service connection for a back disability, finding that the Veteran's current condition is not related to his in-service injury and did not manifest within one year of discharge.

The Veteran's service-connected disabilities do not render him unemployable, as multiple VA and private examiners have indicated that he is capable of performing sedentary work.

The Veteran's claims for higher initial ratings for his sleep apnea were denied as the evidence did not show that he required a breathing assistance device such as a CPAP machine or experienced chronic respiratory failure with carbon dioxide retention or cor pulmonale.

The Board denied the Veteran's claims for higher ratings for septal deviation, service connection for tinnitus, obstructive sleep apnea, coronary artery disease (CAD), encephalopathy (claimed as headaches and vertigo), a bilateral hearing loss disability, neck injury residuals, and a lumbar spine disability. The decision also noted that new and material evidence had not been received to reopen the claim for service connection for tinnitus.

The Board is remanding the case for further development, including obtaining the Veteran's current address and determining his preference regarding representation and hearing options.

The Board has determined that the Veteran's current psychiatric disorder, including social phobia and dysthymic disorder, is related to his active service. The claim for sleep apnea secondary to a psychiatric disorder will be remanded for further development.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board has granted service connection for erectile dysfunction and awarded special monthly compensation for loss of use of a creative organ, both effective January 6, 2007.

The Veteran is seeking a total disability evaluation based on individual unemployability due to service-connected disorders prior to October 25, 2006. The Board has remanded the case for further development and consideration.

The Board found that the Veteran does not have lumbar radiculopathy and therefore, his claim for service connection for lumbar radiculopathy as secondary to his service-connected lumbosacral myositis was denied.

The Board denied the Veteran's request for an effective date prior to April 13, 2004, for a 20 percent disability rating for his service-connected chronic lumbosacral strain. The decision found that it was not factually ascertainable that the condition met the criteria for a 20 percent rating until after the Veteran's formal claim on April 13, 2004.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's current bilateral hearing loss and sleep apnea, as well as whether these conditions are related to his military service. The case will be remanded for further action.

The Board has reopened the Veteran's claims of entitlement to service connection for lumbosacral spine injury residuals, head injury residuals, and hypertension. The Veteran submitted new and material evidence that raises a reasonable possibility of substantiating his claims.

The Veteran's appeals for increased ratings and earlier effective dates have been denied. The Board found that the Veteran did not meet the criteria for a compensable rating prior to January 23, 2009 or a rating in excess of 10 percent at any time for his basal cell carcinoma with actinic keratoses.

The Board found that the Veteran's service-connected pityriasis versicolor caused his seborrheic keratosis of the upper extremities and granted service connection for this condition. The right foot disability was also found to be related to service, with a rating assigned.

The Veteran's claims for a higher rating for his lumbosacral strain and for TDIU are being remanded due to the need for additional development, including medical examinations.