Sleep apnea decisions — 2010

The Veteran's claim for a compensable rating for his lumbosacral strain was granted, but he is still not receiving the full compensation due to his disability.

The Board denied the Veteran's claim for service connection for a low back disorder, concluding that his current lumbosacral disc pathology cannot be disassociated from an in-service chronic low back strain.

The Board found that the Veteran does not have a current disability related to her active duty service for asthma, cervical spine disorder, and acute bronchitis. The Board also noted that there is no evidence linking any of these conditions to service.

The Veteran is seeking service connection for sleep apnea, which he claims is related to his already service-connected degenerative disc disease of the lumbosacral spine. The case has been remanded due to a request for a hearing before a Veterans Law Judge.

The Board denied the Veteran's claims for service connection of fibromyalgia, sleep apnea, erectile dysfunction, and gastrointestinal disorder as secondary to his service-connected acquired psychiatric disability.

The Board denied the reopening of a claim for service connection for the cause of the Veteran's death, finding that new and material evidence had not been submitted.

The Veteran's duodenal ulcer with a history of submucosal carcinoid tumor is not manifested by anemia and weight loss productive of definite impairment of health, as his medical records do not contain a diagnosis of a submucosal carcinoid tumor. As such, the criteria for an evaluation in excess of 40 percent have not been met.

The appeal has been withdrawn by the appellant or his authorized representative.

The Board found that the September 1976 rating decision did not contain clear and unmistakable error (CUE) in continuing a 20 percent evaluation for lumbrosacral strain with recurrent sciatic neuropathy degenerative disc disease at L5 level. The Veteran's claim for an increased rating was also denied.

The Board denied a higher initial rating for the Veteran's service-connected lumbosacral spine injury with degenerative changes and dismissed his claim for an earlier effective date. The appeal is now remanded to obtain a VA examination and consider new lay evidence.

The Veteran's claim for a higher disability rating for his service-connected lumbosacral strain/sprain is being remanded due to the need for additional development, including obtaining medical records and scheduling an examination.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, hemorrhoids, gastroesophageal reflux disease (GERD), a bilateral knee disorder, and sleep apnea. The Veteran did not have these conditions during his active military service or any confirmed period of Active Duty for Training (ACDUTRA).

The Veteran's claim for reimbursement of unauthorized medical expenses incurred on March 30, 2008 at St. Tammany Parish Hospital in Louisiana is granted due to the emergent nature of his obstructive sleep apnea and the lack of feasibly available VA facilities.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining SSA records and VA treatment records.

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations to determine the nature and etiology of the Veteran's claimed back pain and sleep apnea.

The Board denied the Veteran's claim for an extraschedular TDIU rating prior to July 13, 2004, finding that his service-connected disabilities did not render him unemployable and that there was no evidence of frequent hospitalization or marked interference with employment.

The Veteran's claim for increased ratings for his lumbosacral spine disorder and resultant radiculopathies was granted, with the lumbosacral spine disorder receiving a 20 percent rating effective from December 3, 2001. The radiculopathies of the left lower extremity received a 10 percent rating effective from December 3, 2001, and the radiculopathy of the right lower extremity also received a 10 percent rating effective from December 3, 2001.

The Veteran's service-connected lumbosacral strain with degenerative changes, status post microdiscectomy, is currently rated at 20 percent from October 29, 2009 onward. The claim for a higher initial rating prior to that date remains denied.

The Veteran's claim for an increased rating for lumbosacral strain with degenerative changes and disc herniation is being remanded due to missing documents in the claims file.

The Veteran's appeal is being remanded to allow for a more recent VA examination to assess the current severity of his service-connected chronic lumbosacral strain.