Sleep apnea decisions — 2010

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for sleep apnea. The Board also found in favor of granting service connection for sleep apnea, finding it reasonable to conclude that the surgery did not resolve the Veteran's sleep apnea and he has suffered from this disability since its onset in service.

The Veteran's claims for increased ratings for lumbosacral strain and ventral hernia have been denied. The Veteran is presumed to seek the maximum available benefit for his disabilities.

The Board has granted service connection for reactive airways dysfunction syndrome/irritant induced asthma and other respiratory disorders, including restrictive lung disease and sleep apnea. The decision is mixed as it grants some issues but denies others.

The Veteran's appeal is being remanded for further evaluation and consideration of his service-connected lumbosacral spine disability.

The Veteran's appeal is remanded due to the need for a new VA examination and additional treatment records. The issue of entitlement to an evaluation in excess of 40 percent for service-connected lumbosacral strain with degenerative changes will be reconsidered.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, as secondary to his service-connected PTSD. The issues of an initial rating in excess of 30 percent for PTSD and TDIU remain pending.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's claimed conditions, including whether they are related to his military service. This includes obtaining records from the VA Medical Center and further efforts to corroborate in-service stressors.

The Board denied service connection for lumbar spine arthritis, right hip degenerative joint disease, and right knee conditions as they are not related to the service-connected right calf laceration.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine is currently rated at 10 percent, and his cervical strain is also rated at 10 percent. The Board denied both claims for higher evaluations.

The Veteran's service-connected lumbosacral strain is not manifested by any limitation of motion that would warrant a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has remanded the case for additional development, including obtaining service treatment records and scheduling a VA examination to assess the nature and etiology of the Veteran's sleep apnea.

The Veteran meets the basic eligibility requirements for assistance in acquiring specially adaptive housing due to his service-connected disabilities that have essentially commensurate with loss of use of both lower extremities.

The Board has determined that the Veteran's seizure disorder and lumbosacral strain are not related to service, including any inservice injuries or exposures. The claim for service connection is denied.

The Board denied the Veteran's claim for an increased evaluation for lumbosacral strain, finding that the medical evidence did not show that his entire back was unfavorably ankylosed and thus a rating in excess of 50 percent is not warranted.

The Veteran's appeal for an earlier effective date for the grant of service connection for degenerative joint disease of the lumbosacral spine has been withdrawn. The TDIU issue is being remanded to the Director of Compensation and Pension Service.

The Board denied the Veteran's claim for an earlier effective date for the grant of service connection for obstructive sleep apnea, finding that September 27, 2006 is the correct effective date based on the date of receipt of his claim.

The Veteran's appeal is being remanded due to the need for a hearing before a Veterans Law Judge at the RO/AMC.

The Board has granted an initial rating of 20 percent for lumbosacral strain, effective from January 22, 1994. The Veteran's sleep disorder claim is addressed in the REMAND portion.

The Board has determined that the Veteran's lumbosacral disc disease had its onset in service and granted service connection for this condition.

The Veteran's service connection claims for degenerative disc disease of the lumbosacral spine and cervical strain with degenerative disc disease have been granted. The issues regarding an increased rating for PTSD and service connection for flat feet are dismissed.