Sleep apnea decisions — 2010

The Veteran's low back disability has been adequately compensated by the current rating of 60 percent, and does not present an exceptional or unusual disability picture.

The Veteran is entitled to a total disability rating based on individual unemployability (TDIU) as of November 4, 2004 due to his service-connected lumbar spine disorder and adjustment disorder.

The Board has reopened the Veteran's claims for service connection for sleep apnea and pericarditis, but denied reopening of his claim for CLL due to lack of new and material evidence. The Board also remanded the issues of service connection for sleep apnea and pericarditis for further development.

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

The Board has granted service connection for sleep apnea and major depressive disorder, finding that these conditions are related to the Veteran's military service.

The Veteran's service-connected disabilities, including left tibia and fibula fracture with traumatic arthritis of the left ankle, fracture of proximal left femur with shortening, and degenerative joint disease of lumbosacral spine associated with residuals of the femur, are rated at their maximum levels.

The Veteran does not have a respiratory disability, including emphysema, COPD or sleep apnea, that is attributable to military service.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and scheduling a VA examination to determine the etiology of current hypertension and sleep apnea.

The Veteran's claim for an initial evaluation in excess of 20 percent for his degenerative joint and disc disease of the lumbosacral spine was denied. His application to reopen his service connection claim for this disability was granted, effective January 3, 2007.

The Veteran's claim for an earlier effective date for a 50% disability rating for service-connected obstructive sleep apnea was denied. The Board found that it was not factually ascertainable that the Veteran experienced an increase in his service-connected disability prior to November 16, 2006. Additionally, there was no clear and unmistakable error (CUE) in the July 20, 1995 rating decision.

The Veteran's service-connected disabilities, while significant, do not render him unemployable as he is capable of performing sedentary occupations.

The Veteran's appeal is being remanded for further development to determine the nature and extent of his service-connected lumbosacral strain, including whether any nonservice-connected conditions are present that may affect his employment.

The Veteran's appeal for an increased rating for his service-connected low back disability was denied. The current evaluation of 40 percent is maintained.

The Veteran's claims for increased ratings for his right knee and low back disorders have been denied. The RO found that the evidence did not support an initial compensable evaluation for either condition from December 1, 2005 to February 22, 2010, or any subsequent rating above 10 percent for the right knee disorder, nor a rating greater than 20 percent for his low back disorder.

The Board has denied service connection for sleep apnea, erectile dysfunction, dyslipidemia, kidney disease (post transplant), coronary artery disease, and hypertension.

The Board has determined that the Veteran's current obstructive sleep apnea is more likely than not related to her symptoms during her second period of military service, and thus grants service connection for this condition.

The Board has granted service connection for chronic bilateral hearing loss disability and is remanding the issue of service connection for a lumbosacral spine disorder to include lumbosacral strain.

The Veteran's appeal has been withdrawn due to his request for withdrawal of the appeal. As a result, no further action by the Board is appropriate.

The Veteran is seeking service connection for various conditions, including recurrent urethral strictures and multiple other health issues, all allegedly related to exposure to ionizing radiation during military service. The Board has remanded the case due to a request for a hearing.

The Board has determined that the Veteran's sleep apnea is service-connected, as there is evidence of current symptoms and a diagnosis dating back to service.