Sleep apnea decisions — 2010

The Veteran's service-connected sleep apnea was granted a 50 percent rating effective October 31, 2006. The claim for an earlier effective date is denied.

The Veteran's appeals for service connection on four separate conditions have been withdrawn by the appellant.

The Board has determined that the Veteran's service-connected left patellofemoral syndrome does not cause or permanently aggravate her low back disorder, and thus denied her claim for service connection.

The Board found that the Veteran's degenerative disc disease of the lumbosacral spine was incurred during active service and granted service connection.

The Veteran's appeal is being remanded for additional development, including a new VA examination and consideration of the impact of his service-connected disabilities on his employability.

The Veteran's sleep apnea is currently rated at 50 percent, and the Board finds that it does not meet the criteria for a higher rating.

The April 1955 rating decision denying service connection for lumbosacral back strain is final. The Veteran has not presented new and material evidence to reopen the claim.

The Board has decided to remand the case for further examination and opinion regarding the Veteran's sleep apnea, which is currently considered a direct service connection issue.

The Board has determined that the Veteran's current low back disability, diagnosed as degenerative disc disease of the lumbosacral spine, was incurred during his military service and is not permanently aggravated by such service. As a result, the claim for service connection is granted.

The Veteran's service-connected disability has effectively precluded him from locomotion without the aid of a cane or wheelchair, meeting the criteria for specially adapted housing.

The Veteran's claims for initial and increased ratings for chronic lumbosacral strain are being remanded to the RO for further development of his medical records.

The Board has granted service connection for post-operative lumbosacral spine degenerative disc disease and degenerative joint disease, finding that the Veteran's current condition is related to his inservice low back injury.

The Veteran's claims for service connection for depression, bilateral hearing loss, and a psychiatric disability have been reopened. The evidence received since the April 1994 denial includes new and material evidence that relates to an unestablished fact necessary to substantiate each claim.

The Veteran's claims for service connection were denied. The Board found that the Veteran did not have a current diagnosis of a skin rash, claimed as fungus, of the hands and feet or bronchitis, and thus could not be presumed to have been incurred in service due to herbicide exposure.

The Board denied the Veteran's claims for service connection for sleep apnea, PTSD, and hepatitis B. The claim for increased ratings for residuals of a head injury was also denied.

The Board has determined that the Veteran's hypertension began during his active military service and is presumed to have been incurred therein. The other conditions are not addressed in this decision.

The Veteran's claim for an increased rating for her service-connected lumbosacral intervertebral disc syndrome is being remanded to the RO/AMC for additional development, including VA examinations and consideration of new evidence.

The Veteran's claims for increased evaluations for sleep apnea, reactive airway disease with bronchitis, and bilateral pes planus were denied. The Veteran is currently rated at 50 percent for sleep apnea since February 25, 2003, and at 10 percent for reactive airway disease with bronchitis since February 25, 2003. Bilateral pes planus remains rated as noncompensable.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the severity of her service-connected osteoporosis and arthritis, as well as a determination on whether her current arthritis is related to her service or service-connected conditions.

The Board has determined that additional medical examinations are necessary to properly evaluate the appellant's service-connected low back and foot disabilities, as well as to determine if separate disability ratings for her right and left foot conditions are warranted.