Sleep apnea decisions — 2010

From May 9, 2008, the Veteran's lumbosacral spine radiculopathy is manifested by a herniated disk with nerve root impingement of the L5-S1 nerve distribution causing moderate to severe impairment, including pain, numbness and weakness of the left lower extremity and foot. The VA has granted a 40 percent rating for this condition.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for a lumbosacral strain, bilateral hearing loss, spontaneous pneumothorax with persistent air leak, status post right thoracotomy, giant bullous disease, and chronic obstructive pulmonary disease (claimed as lung condition due to asbestosis exposure), PTSD, and a mental disorder other than PTSD. The claims for service connection for the lumbosacral strain and bilateral hearing loss are denied on their merits, while the claims for spontaneous pneumothorax with persistent air leak, status post right thoracotomy, giant bullous disease, and chronic obstructive pulmonary disease (claimed as lung condition due to asbestosis exposure), PTSD, and a mental disorder other than PTSD are reopened.

The Board has granted service connection for sleep apnea and reopened the previously denied claim of entitlement to service connection for hypertension. The Veteran's current sleep apnea is related to his in-service complaints, while the evidence submitted since the August 1995 rating decision raises a reasonable possibility of substantiating his claim of entitlement to service connection for hypertension.

The Veteran's appeal was denied for service connection for hearing loss, foot disability, hypothyroidism, skin disability, sleep apnea, lung disability, and gout. The Veteran withdrew his claim for diabetes.

The Veteran's appeal is being remanded for a new VA examination to assess the severity of his lumbosacral strain and any neurological component.

The Board has granted the Veteran's petition to reopen his claim for service connection for obstructive sleep apnea. The claims of entitlement to service connection for emphysema and obstructive sleep apnea are remanded for additional development.

The Veteran's claim for an increased rating for bilateral pes planus was granted, with a current evaluation of 30 percent effective March 21, 2009. The claim for service connection for lumbosacral strain secondary to bilateral pes planus remains pending.

The Veteran's claim for a higher disability rating for lumbosacral strain with degenerative disc disease was remanded due to the need for additional development, including an orthopedic/neurological medical examination and X-rays. The case is now being returned to the Board for readjudication.

The Veteran's claim for service connection for diabetes mellitus type II, carpal tunnel syndrome, sleep apnea, and hypocalcemia was granted. The effective date for the grant of service connection for a gynecological disability was set at December 4, 2001, and for the grant of service connection for hypoparathyroidism at August 25, 1998.

The Veteran's appeal is being remanded for additional development and consideration of his claims, including a TDIU rating and an extraschedular rating due to service-connected disabilities.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for verification of his periods of active duty and ACDUTRA service with the Army Reserves, as well as additional VA examination.

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

The Veteran's appeal is remanded due to the need for a Travel Board hearing.

The Board granted service connection for lumbosacral strain with arthritis and osteoporosis effective July 30, 2003. The Veteran's claim was reopened in July 2000, but the new evidence submitted did not meet the criteria to reopen the claim.

The Veteran's claim for a total rating for compensation purposes based on individual unemployability is granted, effective May 16, 1990.

The Board denied the Veteran's claims for service connection for residuals of a back, neck, and head injury as there is no evidence showing that any current disabilities are related to his military service.

The Board denied service connection for heart disease and lumbosacral disability, including DDD. The Veteran's heart disease is not considered to be related to his military service or a service-connected condition. For the lumbosacral disability, there is no evidence of chronic disability within one year post-service discharge.

The Veteran's appeal is dismissed as he withdrew his appeal of the claim for Parkinson's disease. The claims for lumbosacral strain and cervical torticollis are remanded due to the need for content-compliant VCAA notice, Social Security Administration records, and further development.

The Board has decided to remand the case for additional development, including obtaining VA and private medical records, scheduling a VA examination, and ensuring that any notice sent is properly documented.

The Veteran's migraine headaches are productive of characteristic prostrating attacks averaging one in two months over the last several months, but not monthly. The Veteran is granted a 10% disability rating for his migraine headaches. However, further examination and opinion are needed to determine if the Veteran's sleep apnea and GERD are related to service.