Sleep apnea decisions — 2010

The Veteran's lumbar spine disability was granted a 10 percent rating prior to January 26, 2009 and a 20 percent rating from that date. The right hip disability received a 10 percent rating.

The Veteran seeks service connection for sleep apnea, which he claims first manifested during his active duty in the late 1980s and early 1990s. The Board has ordered a remand to determine if the Veteran's sleep apnea initially manifested during this period or existed prior to his active duty from 2003-2004.

The Veteran's service-connected disabilities have rendered him unemployable, and a VA examination is needed to assess the impact of these conditions on his ability to work.

The Veteran's claims of entitlement to increased ratings for spondylosis, L5-S1 and service connection for sleep apnea were granted. The Veteran was assigned a maximum schedular rating (100%) for residuals of concussion with headaches.

The Board denied the Veteran's claims for service connection for sleep apnea, PTSD, residuals of waist burns, and chronic diarrhea/lactose intolerance. The decision also addressed whether new and material evidence had been received to reopen these claims.

The Board has determined that further development is needed for the Veteran's claims of service connection for asthma/reactive airway disease, sleep apnea, and migraine headaches. This includes obtaining additional medical records from various sources and scheduling VA examinations to address the etiology of these conditions.

The Veteran's lumbosacral strain, myositis was found to be manifested by pain and stiffness in the lumbar area. The evaluation assigned is denied as it does not meet the criteria for an evaluation in excess of 20 percent. For his status post left index and middle finger fracture, a compensable evaluation is also denied.

The Board has granted service connection for tinnitus and increased evaluations for degenerative joint disease of the lumbosacral spine, but remanded to obtain additional medical records and address representation issues.

The Board has denied the Veteran's claims for increased ratings for bilateral hearing loss and headaches, as well as his application to reopen a claim of service connection for pseudofolliculitis barbae. The Veteran's conditions have been rated based on their current manifestations.

The Veteran's claims for service connection for PTSD, hallux valgus, right knee arthrosis, and sleep apnea syndrome with REM sleep disorder, sleepiness and tiredness have been granted. The Veteran is now entitled to the assigned ratings.

The Board has restored the Veteran's original 40 percent disability rating for his service-connected lumbosacral strain, finding that there was not sufficient evidence to support a reduction.

The Veteran's appeal is being remanded due to the need for a more contemporaneous VA examination and an opinion on whether his service-connected lumbosacral strain with arthritis aggravates his non-service-connected neck disorder.

The Veteran's claims for service connection were denied, and the issues of entitlement to increased ratings and earlier effective dates were also addressed. The Board found that new evidence did not reopen a claim for diabetes mellitus, and denied other claims.

The Board has remanded the case due to insufficient evidence and a need for further examination. The Veteran's claim of service connection for obstructive sleep apnea, claimed as secondary to his service-connected diabetes mellitus, type II, is pending.

The Board has remanded the case for a new VA examination to determine the etiology of the Veteran's degenerative disc disease and whether it is related to service, including back injuries sustained during service.

The Board has determined that the Veteran's current low back disorder is more likely due to aging and overuse, rather than service-connected knee conditions. The condition was not aggravated by his in-service knee problems.

The Veteran's service connection claims for chronic GERD, kidney disorder, sinus disorder, right elbow disorder, sleep apnea, and left ankle disorder are all granted.

The Board denied the Veteran's claim for service connection for a back disability, to include lumbosacral strain, finding that no new and material evidence had been received since the July 1970 denial.

The Board has remanded the case for additional development, including obtaining treatment records and scheduling VA examinations.

The Board found that the Veteran's sleep apnea is not related to her service-connected PTSD or any other service-connected disability, and thus denied her claim for service connection.