Sleep apnea decisions — 2010

The Veteran's claim for an initial evaluation in excess of 20 percent for lumbosacral strain with degenerative disc disease was denied. The issue of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is addressed in the REMAND portion of this decision.

The Board granted service connection for degenerative arthritis of the lumbosacral spine, finding that it was manifested as a result of active service and resolving reasonable doubt in favor of the Veteran.

The Veteran's lumbosacral strain was rated at 20 percent since August 31, 2009. The rating is considered appropriate based on the current functional impairment of the lumbar spine.

The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disability, which arose out of a single accident and currently rated at 60 percent disabling.

The Veteran's claim to reopen a previous effective date for retinitis pigmentosa is denied as there has been no final decision on the issue of an earlier effective date.

The Board has determined that the Veteran's anxiety disorder is related to his service, but his back disability is not. The evidence does not support a finding of in-service injury or aggravation.

The Veteran does not have sleep apnea that is related to his military service or secondary to his service-connected hypertension.

The Board has denied the Veteran's claims for service connection for sleep apnea, diabetes mellitus, and hepatitis C as these conditions are not shown to be related to his active duty service or a service-connected disability.

The Veteran's claims for service connection for grand mal seizures, pneumonia, heart disorder, and sleep apnea were previously denied in May 2002. New evidence received since that decision does not raise a reasonable possibility of substantiating these claims.

The Veteran's claim for higher ratings for PTSD was granted with a rating of 70 percent effective January 28, 2009. The claims for service connection and increased ratings for hypertension, sleep apnea, nonalcoholic steatohepatitis, and diabetes mellitus were denied.

The Board denied the Veteran's claims for service connection for sleep apnea and right hand disability, finding that new evidence did not substantiate his claim of a current right hand disability. The Board also found no evidence to support a diagnosis of sleep apnea during service.

The Veteran's claims for service connection of hearing loss and tinnitus were previously denied in August 2006. New evidence has been presented, reopening these claims.,Service connection for sleep apnea is not addressed as the issue was withdrawn.

The Veteran's lumbosacral degenerative joint disease with spondylolisthesis warrants a 20 percent rating based on limitation of motion. His left lower extremity radiculopathy does not warrant an increased rating as it is currently manifested by no more than mild incomplete paralysis.

The Veteran's claims for an earlier effective date for irritable bowel syndrome and a higher initial rating for lumbosacral strain have been granted. The effective date for the grant of service connection for irritable bowel syndrome is November 26, 1997.

The Veteran's sleep apnea is found to be related to his active service.,The Veteran's diabetes mellitus with peripheral neuropathy of all four extremities warrants a rating of 20 percent.

The Veteran does not have a low back disability that is related to his military service and the claim for service connection is denied.

The Board denied the appellant's claims for increased disability ratings for his service-connected chronic lumbosacral strain with degenerative disc disease.

The Veteran's claim for service connection for residuals of a low back injury has been granted, and the case is dismissed as there are no issues over which the Board may exercise appellate jurisdiction.

The Veteran's claims for increased ratings for his service-connected cervical and lumbosacral spine disabilities are being remanded due to the need for additional development, including obtaining medical records and possibly a new VA examination.

The Veteran's service-connected disabilities, including sleep apnea, right and left shoulder tendonitis, depressive disorder, cervical spondylosis, lumbar degenerative discs, a left knee disorder, gastroesophageal reflux disease (GERD), a left pelvic disorder, chronic fatigue syndrome, tinnitus, bilateral hearing loss, sinus residuals of a rhinoplasty and septoplasty, a left foot disorder, hypertension, genitourinary (urethral) disorder, and rosacea on the nose, have rendered him unable to secure or follow a substantially gainful occupation since April 1, 2001. The Board finds that his service-connected disabilities meet the percentage criteria for TDIU throughout the entire appeal period.