Sleep apnea decisions — 2010

The Board has determined that the Veteran's claims for service connection for obstructive sleep apnea and onychomycosis have been denied as there is no competent evidence linking these conditions to his military service or a service-connected disability.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities was granted effective November 17, 2006. The Board finds that the evidence did not establish he was unemployable prior to this date.

The Board denied the Veteran's claims for service connection for various conditions, finding that the evidence did not support a link between these conditions and his military service.

The Board found that the Veteran's sleep apnea is not related to his service-connected disabilities or medications, and denied the claim for service connection.

The Board denied the Veteran's claims for increased ratings for hypertension and lumbosacral strain, as well as his request for an earlier effective date for service connection for radiculopathy of the lower extremities.

The Board found no evidence of a current disability related to the Veteran's claimed conditions and denied all service connection claims.

The Board found that the evidence received since the December 2002 denial is not new and material, thus denying the Veteran's request to reopen his claim for service connection for lumbosacral strain.

The Veteran's service-connected chronic lumbosacral strain is currently rated at 20 percent, and the Board finds that it does not meet the criteria for a higher rating.

The Board has determined that the Veteran's obstructive sleep apnea is causally related to his active service and grants entitlement to service connection.

The Board has determined that there is no relationship between the Veteran's claimed conditions and his military service, thus denying all of his claims for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for a VA examination to assess his lumbosacral spine, left knee arthritis, and left knee instability.

The Veteran's lumbosacral and thoracic strain with degenerative changes is currently rated at 10 percent, which is the maximum schedular rating available. The RO denied his claim for an increased evaluation.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's claims for increased evaluation of dysthymia and service connection for various conditions are being remanded due to the submission of new medical evidence. The RO will consider this evidence in conjunction with her existing claims.

The Veteran's hypertension was reduced from 20% to 10%, effective April 5, 2006. His lumbosacral spine disorder remains at a 20% evaluation.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and arranging for new VA examinations to assess the severity of the Veteran's service-connected disabilities.

The Veteran's total abdominal hysterectomy and bilateral salpingo-oophorectomy was not caused or aggravated by her service-connected uterine fibroids, as the VA gynecologist concluded that the fibroids were essentially asymptomatic and played no role in the decision to have a hysterectomy.

The Veteran's lumbosacral strain with degenerative disc disease has been rated at 20 percent, and the Board finds that a higher rating of 40 percent is warranted based on the functional equivalent of flexion to 10 degrees.

The Board denied the Veteran's claims of entitlement to a disability rating in excess of 30 percent for service-connected coronary artery disease, status post bypass; and denied his claims of service connection for sleep apnea and DJD of the right hip. The decision concluded that there was no evidence linking the Veteran's sleep apnea or DJD of the right hip to his active duty service.

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