Sleep apnea decisions — 2010

The Board has reopened the Veteran's claim of service connection for right ear hearing loss and granted it. The claims for sleep apnea, chloracne, and erectile dysfunction have been denied.

The Veteran's appeal is remanded due to the need for additional examinations and development of his claims.

The Veteran's initial evaluations for sleep apnea and diabetes mellitus, type II were denied as they do not meet the criteria for a higher evaluation under the applicable rating schedule.

The Board has remanded the cases for further development and consideration.

The Board has granted service connection for tinnitus and awarded a 20 percent disability rating for lumbosacral strain, effective from July 18, 2007.

The Veteran's claim for service connection for submucosal lesions due to an undiagnosed illness is dismissed as moot because the RO has already established service connection for reactive mucosal epithelial cell tissue, which was found to be secondary to his service-connected GERD.

The Board found that chronic obstructive sleep apnea and restless leg syndrome did not have their onset during active military service and are not the result of exposure to chemical herbicides.

The Board found that the Veteran's current low back disability did not start during service and was not caused by a disease or injury in service. The Board also noted that DJD of the lumbosacral spine, which is one of the conditions at issue, does not qualify for presumptive service connection under 38 C.F.R. § 3.309.

The Veteran's headaches are found to be incurred in service and granted. The Veteran's appeal for an initial compensable evaluation for acne vulgaris with acne rosacea as well as folliculitis is dismissed due to withdrawal of the appeal.

The Veteran's claims for increased ratings and service connection have been denied. The RO found that the current evaluations were appropriate, and no new evidence was submitted to reopen previously denied claims.

The Veteran's diabetes mellitus, type II, is presumed to have been incurred in service due to exposure to herbicides. The Veteran's chronic lumbosacral strain with spondylolisthesis has not manifested any ankylosis or incapacitating episodes requiring physician prescribed bed rest having a total duration of at least 6 weeks during the past 12 months, and thus does not warrant a rating in excess of 40 percent.

The Veteran's service-connected low back disorder is rated at 40 percent effective November 27, 2009. The burn scars of the left thigh are not assigned a separate rating.

The Board denied the Veteran's claims for service connection of residuals of an aneurysm and heart disorder, but found that his acquired psychiatric disorder and sleep apnea are pending.

The Board found that there was no evidence of a low back disability during service, and the Veteran's current low back pain is not shown to be related to service. The degenerative changes and disc disease of the lumbosacral spine were first diagnosed after service beyond the one-year presumptive period for chronic diseases.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need for a VA examination.

The Veteran's appeal is being remanded for additional development, including scheduling a videoconference hearing.

The Board denied service connection for bilateral hearing loss and tinnitus. The Veteran's claims for diabetes mellitus, upper respiratory disability (claimed as cough and shortness of breath), sleep apnea, erectile dysfunction, and an upper respiratory condition secondary to herbicide and/or DDT exposure were also denied.

The Veteran's lumbosacral strain is currently rated at 20 percent, and a separate rating of 10 percent for radiculopathy of the right lower extremity from May 18, 2005, has been granted.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for clarification of the basis for his claim and additional development, including a medical examination.

The Veteran's appeal is being remanded for further development, including scheduling VA examinations and obtaining additional medical records. The issues of increased ratings for generalized anxiety disorder with headaches and lumbosacral strain are also being addressed.