Sleep apnea decisions — 2010

The Board has determined that the Veteran does not have a current diagnosis of tuberculosis, and therefore service connection for this condition is denied. The remaining issues of service connection for sleep apnea and Parkinson's disease are being remanded for further development.

The Veteran's appeal is being remanded for further development, including an additional VA examination to assess the severity of his service-connected lumbosacral strain with traumatic arthritis and consideration of additional private treatment records.

The Veteran's overpayment of VA disability compensation was properly created due to concurrent receipt of active duty military pay and VA compensation benefits while on active duty.

The Veteran's spouse requires regular personal care assistance from another person due to various disabilities, and the Board has determined that she is in need of aid and attendance.

The Board found no evidence of a nexus between the Veteran's current lumbosacral strain and his military service, thus denying the claim for service connection.

The Board has granted service connection for obstructive sleep apnea and nonischemic cardiomyopathy, finding that both conditions are related to the appellant's active service.

The Veteran seeks service connection for degenerative disc disease of the lumbosacral spine, which he claims is related to his service-connected right hip disability. The Board has determined that additional development is needed before a decision can be made.

The Veteran's currently shown anemia and sleep apnea are not related to her active military service.

The VA denied increased evaluations for postoperative residuals of herniated disc, lumbosacral spine and tinea versicolor. The Veteran's back disability is currently rated at 40 percent disabling due to limitation of motion and pain.

The Veteran's GERD and sleep apnea are being remanded for further examination to determine if they are related to his military service.

The Veteran's obstructive sleep apnea has been rated at 50 percent since the date of her claim, and a higher rating is denied as there is no evidence of chronic respiratory failure or cor pulmonale requiring a tracheostomy.

The Board found that the Veteran's sleep apnea was not incurred in or aggravated by active service and denied his claim for service connection.

The Veteran's claim for a higher rating for his degenerative disc disease of the lumbosacral spine is being remanded due to new evidence and a need for further examination.

The Board has determined that the Veteran's left knee, left hip, lumbosacral spine, and left shoulder disabilities are not related to his service-connected right ankle disability. The evidence does not support a finding of secondary service connection for any of these conditions.

The RO reduced the evaluation for left knee instability from 20% to noncompensable effective October 1, 2008. The RO also maintained a 40% rating for degenerative disc disease and degenerative joint disease of the lumbosacral spine.

The Veteran's claim for an increased rating and TDIU was denied. The effective date for the increased rating to 60% for his low back disability is set at November 13, 1998.

The Veteran's lumbosacral strain and left knee tendonitis were evaluated, but the assigned ratings did not meet the criteria for higher ratings at any time.

The Board has determined that the Veteran's lumbosacral strain and degenerative joint disease warrant a 10 percent evaluation, which is the maximum schedular rating available for these conditions.

The Veteran's claim for a rating in excess of 20 percent for lumbosacral insufficiency with spondylolisthesis was denied as the evidence did not show forward flexion of the thoracolumbar spine less than 30 degrees or favorable ankylosis, and there were no incapacitating episodes requiring physician-prescribed bed rest.

The Board finds that the Veteran's skin disorder, including rosacea and seborreic dermatitis, is not related to his military service or presumed exposure to Agent Orange in Vietnam. The evidence does not support a finding of service connection.