Sleep apnea decisions — 2010

The Veteran's appeal has been withdrawn and dismissed due to the appellant's request for withdrawal.

The Veteran's claims for increased evaluations of his service-connected knee, neck, back, and PTSD disabilities were denied. The Board found that the current evaluations did not adequately reflect the severity of the disabilities.

The Veteran's claim for a higher rating for his low back disability was granted, and he is now receiving the maximum schedular rating. The effective date of service connection for PTSD has been set at December 14, 2001.

The Veteran's thoraco-lumbosacral strain is currently rated at 40 percent. The initial evaluations for lumbar radiculopathy of the left lower extremity are granted, with noncompensable ratings prior to December 28, 2005; a compensable rating from December 28, 2005 to March 2, 2007; and a noncompensable rating after March 3, 2007.

The Board has determined that the Veteran's current hypertension is not causally related to his military service, including as secondary to a service-connected lumbosacral strain. Therefore, the claim for service connection for hypertension is denied.

The Veteran's surviving spouse is appealing for accrued benefits related to her husband's service-connected conditions and need for regular aid and attendance. The appeal has been REMANDED due to the need for additional VA medical records.

The Board has determined that the Veteran's current low back disability is attributable to an in-service injury, and therefore grants service connection for a lumbosacral spine disability.

The Board denied the Veteran's claim for service connection for a chronic back disorder, finding that his current condition was not incurred in or aggravated by active service and is not proximately due to or the result of a service-connected left ankle disability.

The Board found that the Veteran's currently demonstrated sleep apnea was not present in service and is not shown to be causally or etiologically related to his service-connected chronic lumbosacral strain. Therefore, service connection for sleep apnea was denied.

The Veteran's degenerative disc disease of the lumbosacral spine, status post laminectomy, was not incurred in or aggravated by service. The Board found no evidence linking his current back condition to his military service.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a VA examination and notification of secondary service connection issues.

The Veteran's claim for a higher rating for his service-connected lumbosacral strain is being remanded due to the need for additional examinations and consideration of new evidence.

The Board denied the Veteran's claims of service connection for chronic fatigue disorder and sleep apnea, finding that these conditions are not related to military service or a service-connected disability. The claim for an initial evaluation in excess of 10 percent for a psychiatric disorder was also denied.

The Veteran's lumbosacral degenerative disc disease is rated at 40 percent effective October 18, 2007. The other conditions remain unchanged.

The Board denied service connection for tremors and spasms, adult acne (rosacea), chronic fatigue, and bilateral leg pain on the basis of exposure to radiation, herbicides, and other chemicals. The Veteran's claims were not supported by evidence showing actual exposure or a positive association with such exposures.

The Board denied service connection for sleep apnea and a bilateral foot disorder, finding that the Veteran's current conditions were not related to his military service.

The Veteran's headaches are found to be secondary to his service-connected glomerulosclerosis with nephrotic syndrome, hypertension, and renal failure.,The Veteran's enlarged heart, congestive heart failure, and coronary artery disease are also found to be secondary to his service-connected glomerulosclerosis with nephrotic syndrome, hypertension, and renal failure.

The Veteran's service-connected lumbosacral strain was primarily manifested by mild pain, but did not meet the criteria for a higher rating prior to June 17, 2008. The Board denied an initial rating in excess of 10 percent for lumbosacral strain, prior to June 17, 2008.

The Board has granted service connection for type 2 diabetes mellitus and obstructive sleep apnea. The Veteran's claims for an initial compensable disability rating for bilateral hearing loss and a disability rating in excess of 10 percent for GERD are being remanded.

The Veteran's appeal for increased ratings and service connection was denied. The decision found that the left iliac crest periostitis did not result in flexion of the left hip limited to 20 degrees or less, thus not meeting the criteria for a higher rating.