Sleep apnea decisions — 2010

The Board has denied the Veteran's claims of entitlement to service connection for bilateral hearing loss and sleep apnea. The preponderance of evidence is against a finding that either condition is related to service.

The Veteran's service-connected disabilities do not prevent him from performing the duties of a TSA baggage screener, and his current occupation is not unsuitable based on his specific employment handicap and capabilities.

The Board's May 2009 decision and remand order is vacated due to the Veteran's death in July 2007, and the appeal is dismissed for lack of jurisdiction.

The Veteran's claims for service connection for a lumbosacral spine disability, a disability of the eyelid, bilateral hearing loss, and tinnitus were all denied. The Board found no current evidence of these conditions.

The Veteran's appeal for service connection for bilateral hearing loss has been withdrawn. The claim for tinnitus was not granted as there is no medical evidence indicating a link between the condition and his military service. The Veteran's degenerative changes of the lumbosacral spine are currently rated at 20 percent, but an increased rating is denied.

The Veteran's claims for increased rating and service connection are being remanded due to the need for additional examinations and development of records.

The Veteran's service-connected lumbosacral spine disability rendered him unable to secure and follow a substantially gainful occupation from September 20, 1989 until September 17, 1993. The Board has granted TDIU effective as of September 18, 1993.

The Veteran's degenerative joint disease of the lumbosacral spine, with spinal stenosis, is rated at 60 percent and his TDIU claim is granted.

The Board has determined that the appellant's sleep apnea was not incurred in or aggravated by active service and denied his claim for service connection.

The Veteran's claim for service connection for chronic back and neck disorders is being remanded due to the need for additional development, including a VA examination.

The Veteran's claim for TDIU is being remanded as the only service-connected condition (chronic lumbosacral strain) does not meet the percentage standards for a total disability rating. The case will be referred to the Director of Compensation and Pension Service if it is determined that he is unemployable due to his service-connected disability.

The Veteran's claim for an initial rating in excess of 50 percent for PTSD from November 30, 2007 was denied. The RO found that the Veteran's PTSD manifested with symptoms such as difficulty understanding complex commands and impairment of short and long term memory.

The Board found that the Veteran's sleep apnea and bronchial asthma are not related to his military service, including his time in the Southwest Asia Theater of operations during the Persian Gulf War. The claims for service connection were denied.

The Board found that the Veteran's service-connected lumbosacral strain with limitation of motion does not meet or approximate the criteria for a rating in excess of 20 percent.

The Veteran's appeal is being remanded for additional development, including new VA examinations and a review of his medical records.

The Board has determined that a compensable rating is warranted for obstructive sleep apnea from November 20, 2000. Prior to this date, the evidence does not show daytime hypersomnolence or the need for a CPAP machine.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need to obtain a buddy statement and provide the Veteran with a VA examination.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbosacral spine with a history of myositis and associated sciatica was granted, with a final effective date of December 6, 2006. The Veteran is now rated at 40 percent for his low back disability.

The Veteran's appeal is being remanded due to the need for additional VA treatment records and consideration of a claim for total disability based on individual unemployability (TDIU).

The Board found that the Veteran's sleep apnea was not incurred in or aggravated by service and denied his claim.