Sleep apnea decisions — 2010

The Veteran's low back and hemorrhoids disabilities were found to not warrant higher ratings, while his hearing loss disability was also found not to warrant a compensable rating.

The Board has determined that the Veteran's sleep apnea, headaches, and dizziness are all service-connected based on direct evidence of their onset during his military service.

The Veteran's appeal is denied as his service-connected recurrent subluxation or instability of the left knee due to traumatic arthritis and rupture of the ACL does not warrant a disability rating greater than 10 percent.

The Veteran's service-connected lumbosacral spine discogenic disease is currently rated at 40 percent since February 22, 2006. The rating takes into account moderate limitation of motion with forward flexion of 25 degrees and mild incomplete paralysis of the bilateral lower extremities.

The Board has determined that the Veteran's current obstructive sleep apnea is related to his service, and grants service connection for this condition.

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The Veteran's claim for service connection for mixed obstructive sleep apnea, to include as secondary to his service-connected allergic rhinitis with hypertrophy of inferior turbinates, is being remanded due to the need for additional development and examination.

The Board denied service connection for degenerative arthritis of the lumbosacral spine as secondary to left knee and/or left hip strain.

The Veteran's appeal is remanded for further evidentiary and procedural development, including obtaining private medical records and scheduling a VA examination to assess the severity of his service-connected low back disability.

The Veteran is granted service connection for patellofemoral pain syndrome of the bilateral knees with degenerative changes, psychiatric disorder (adjustment disorder and major depressive disorder), DJD of the lumbosacral spine, and tinnitus.,Service connection is established based on a legal presumption due to in-service noise exposure.

The Board has determined that the Veteran's sleep apnea had its onset during service and is therefore granted service connection.

The Veteran's lumbosacral strain has been manifested by pain and some painful limitation of motion. The VA determined that the disability does not meet the criteria for a higher rating.

The Veteran's service-connected disabilities, when evaluated in association with his educational attainment and occupational experience, preclude all forms of substantially gainful employment.

The Board has granted the Veteran's claim of service connection for sleep apnea, finding that new and material evidence was received to reopen his original claim. The Veteran's sleep apnea is found to be related to his active duty service in Iraq.

The Board has granted effective dates for the grant of service connection for loss of use of lower extremities and SMC based on loss of use of feet, both retroactively to June 30, 2000.

The Veteran's claim for an increased rating for his service-connected postoperative liposarcoma of the left thigh was denied, and he did not have a diagnosed acquired psychiatric disorder related to his military service.

The Veteran's service-connected lumbosacral strain with spondylolisthesis at L5-S1 was denied for higher initial ratings from December 21, 1957, through July 12, 1985, and from July 13, 1985, to January 27, 1994.

The Veteran's claims for service connection for chronic back and neck disorders were denied as there is no evidence that these conditions are related to his military service.

The Veteran seeks service connection for sleep apnea, which he claims began during his active duty. The Board has determined that a medical opinion is needed to determine if the current diagnosis of sleep apnea is related to his military service.