Sleep apnea decisions — 2010

The Veteran's bilateral eye disability is found to have resulted from service, and he is granted service connection. For his excision of gynecomastia, a compensable rating of 30% is assigned.

The Veteran's claim for a disability rating in excess of 20 percent for service-connected lumbosacral strain was denied. The current rating is 20 percent, and no effective date has been assigned.

The Veteran's thoracic strain and lumbosacral degenerative disc disease are currently rated at 10 percent, but do not meet the criteria for a higher rating based on limitation of motion or neurological involvement.

The Veteran's claims for service connection were granted, and he was assigned a rating of 30 percent for his PTSD. The Board also found that the Veteran did not have sleep apnea or hepatitis C due to service, but he does have tinnitus, headaches, anxiety disorder, depression disorder, lower back disorder, upper back disorder, bilateral hearing loss, and bilateral hand disorders related to service.

The Board finds that the Veteran's obstructive sleep apnea is less likely as not caused by, or a result of, the nasal trauma sustained in military service. However, the examiner noted that nasal obstruction was a risk factor for the Veteran's sleep apnea and considered it at least as likely as not due to the injury in service.

The Veteran's service-connected disabilities, including sleep apnea syndrome and diabetes mellitus, have rendered him unable to secure or retain substantially gainful employment. However, the evidence does not indicate that his service-connected disabilities alone are sufficient to prevent him from obtaining such employment.

The Board has remanded the case for further development due to insufficient reasons and bases regarding the credibility of the Veteran's lay statements concerning continuity of symptomatology.

The Veteran's claims for increased ratings for his service-connected degenerative disc disease of the lumbosacral spine and cervical spine spondylosis with left upper extremity radiculopathy were denied as they do not meet the criteria for a higher disability rating under VA regulations.

The Veteran's low back disability is not shown to meet the criteria for a rating in excess of 10 percent prior to March 13, 2007; in excess of 40 percent from March 13, 2007 through September 29, 2009; and/or in excess of 20 percent from September 30, 2009.

The Veteran's claim for service connection for lumbosacral sublux/strain/sprain has been granted, and the issue of an initial disability rating greater than 20 percent is now moot as the grant represents a complete resolution of the appeal.

The Board has denied the appellant's claims for DIC under 38 U.S.C.A. § 1318 and service connection for the cause of the Veteran's death, finding that the Veteran did not meet any of the criteria in the applicable statute and regulation at the time of his death.

The Board denied the Veteran's claims for service connection for PTSD, major depressive disorder, sleep apnea, arthritis of the right and left knees, and radiculopathy of the left lower extremity. The Board found that there was no evidence linking these conditions to her military service.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining treatment records and scheduling VA examinations.

The Board has remanded the case due to incomplete records and the need for a VA examination to determine if the Veteran's retinitis pigmentosa is related to service.

The Board has determined that a new examination is necessary to determine the nature and extent of the Veteran's sleep apnea, including whether it is related to his active duty service or any service-connected disability. The case will be remanded for this purpose.

The Board has determined that the Veteran's migraine headaches and obstructive sleep apnea are not related to her service-connected sarcoidosis.

The Board found that sleep apnea was not incurred in or aggravated by the Veteran's active duty military service, is not proximately due to a service-connected disability, and may not be presumed to be due to undiagnosed illness incurred during Persian Gulf War service.

The Veteran's claims for service connection, increased evaluation, and TDIU are being remanded due to incomplete examination reports. The VA examiner is requested to provide an addendum opinion regarding the presence of a left leg disorder and its relationship to his service-connected lumbosacral strain with sclerosis.

The Board denied the Veteran's claims of service connection for residuals of a jeep accident, including sleep apnea and facial/sinus disabilities due to lack of current diagnoses or evidence linking these conditions to his in-service jeep accident.

The Board denied the Veteran's claims of service connection for gout, obstructive sleep apnea, right and left heel spurs. The claim of service connection for hypertension was reopened but ultimately denied on the merits.