Sleep apnea decisions — 2010

The Board denied the Veteran's claims for service connection for high cholesterol, anxiety, obstructive sleep apnea, headaches (undiagnosed), joint pain in left ankle, joint pain in both elbows, joint pain in both wrists, joint pain in both feet, and bilateral hearing loss. The evidence did not support a finding of direct service connection for any of these conditions.

The Veteran's claim for service connection for memory loss and sleep impairment other than sleep apnea is granted. The Board finds that the Veteran's current symptoms of sleep impairment are related to his already service-connected major depressive disorder.

The Board found that the Veteran's pre-existing spondylolisthesis of the lumbosacral spine was aggravated by his active military service, and granted service connection for this condition.

The Board denied the Veteran's claim for service connection of his lower back disability, finding that there is no evidence linking his current condition to his active military service.

The Board has determined that the Veteran's sleep apnea began during his active service and grants service connection for this condition.

The Veteran's claim for an earlier effective date for a 50 percent rating for obstructive sleep apnea status post uvulopalatopharyngoplasty (UPP) is denied as there was no pending claim for an increased rating prior to May 10, 2005.

The Board found that the Veteran's service-connected spondylolysis of the lumbosacral spine does not warrant a schedular rating in excess of 20 percent, but granted a separate 10 percent evaluation for numbness in each lower extremity due to the disability.

The Veteran's claims for PTSD, respiratory disability (shortness of breath), fibromyalgia, and sleep apnea were granted. Effective dates prior to August 31, 2000, were established for the grant of service connection for irritable bowel syndrome and a rating increase for headaches.

The Veteran's claim for a higher rating for his service-connected lumbosacral strain with degenerative joint disease was denied. The Board found that the current 20 percent rating adequately reflects the severity of his disability.

The Board denied the Veteran's claim for service connection for sleep apnea as secondary to his service-connected residuals of a nasal fracture due to lack of evidence showing a nexus between the two conditions.

The Board has remanded the Veteran's claim for a rating in excess of 40 percent for fibromyalgia, previously evaluated as cervical strain and lumbosacral strain. The case is being remanded to determine whether separate ratings are warranted for the Veteran's back and cervical symptomatology as distinct from her fibromyalgia.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the preponderance of evidence did not meet the criteria for a schedular rating in excess of 20 percent for lumbosacral strain with osteoarthritic changes, met the criteria for a 30 percent schedular rating for left patellofemoral syndrome from October 27, 2006 through December 26, 2006, and did not meet the criteria for any increased ratings or TDIU.

The Veteran's lumbosacral strain is currently rated at 10 percent, and the VA examiner found no additional limitation during flare-ups or on repetitive use. The current rating adequately reflects the severity of his condition.

The Board has remanded the case for further development, including obtaining an addendum to a previous VA examination and considering new evidence submitted by the Veteran.

The Veteran's service-connected low back disability is currently rated at 20 percent, and his benign prostatic hypertrophy/prostatitis is rated at 60 percent. The Board denied an increased rating for both conditions.

The Veteran's severe cardiorespiratory depression, depression, sleep apnea, and seizure disorder are not considered to be a result of VA treatment or care. The Board finds that the Veteran did not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Veteran's claim for service connection of obstructive sleep apnea is remanded due to the need for additional medical evidence regarding the relationship between his current sleep apnea and his service-connected disabilities, including sinusitis with allergic rhinitis, spontaneous pneumothorax, COPD, and bronchitis.

The Board has denied the Veteran's claims for service connection for various conditions, including coronary artery disease, obesity, diabetes mellitus, hypertension, congestive heart failure, lung disability, eye disability, peripheral neuropathy, lymphedema, erectile dysfunction, and sleep apnea. The evidence does not support a current diagnosis of any of these conditions.

The Board denied the Veteran's claims for service connection for tinnitus, hypertension (secondary to diabetes mellitus), a psychiatric disorder (including PTSD and depression), sleep apnea (secondary to depression or PTSD), and COPD (secondary to diabetes mellitus). The decision also declined to reopen the claim for tinnitus.

The Veteran's claims for service connection for a back disability and sleep disorder, claimed as sleep apnea, were denied due to lack of credible evidence linking the disabilities to his military service.