Sleep apnea decisions — 2010

The Board found that the Veteran's sleep apnea was not incurred in or aggravated by active military service, nor is it proximately due to or the result of a service-connected disability.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a low back disorder. However, the claim is still denied as there is no medical evidence showing a direct link between the Veteran's military service and his current low back disability.

The Veteran meets the schedular criteria for a total disability rating for compensation on the basis of individual unemployability (TDIU) due to his service-connected disabilities. However, there is uncertainty about whether he is unable to secure or follow a substantially gainful occupation solely because of his service-connected conditions.

The Board has denied the Veteran's claims for service connection for sleep apnea, bilateral hearing loss, Ménière's disease, and residuals of eye burns. The evidence submitted since the last denial does not provide a new or material basis to reopen any of these claims.

The Veteran seeks service connection for sleep apnea, which was denied in a previous rating decision. The Board has remanded the case due to incomplete evidence and an addendum to the medical opinion is needed.

The Veteran's lumbosacral strain with degenerative disc disease and neurological impairment of the left lower extremity have been granted service connection, but are currently rated at 10 percent each. The appeal is resolved in favor of the VA.

The Board denied the Veteran's claims for service connection for residuals of a left shoulder injury and lumbosacral spine disorder, finding that there was no medical evidence linking these conditions to his active military service.

The Board found no evidence to support the Veteran's claim that his current low back disability is related to his military service, and thus denied the claim.

The Veteran's appeal is being remanded to the RO for scheduling a videoconference hearing and any further development as requested. The case will be returned to the Board after this.

The Board has determined that the Veteran's right shoulder disorder is related to his active duty service and grants service connection for this condition. The issue of entitlement to service connection for sleep apnea, secondary to diabetes mellitus type II, will be remanded due to a lack of an examination addressing the relationship between the Veteran's service-connected diabetes mellitus and his current sleep apnea.

The Board has remanded the case due to the need for a VA medical examination to determine if the Veteran's current obstructive sleep apnea disability had its onset during, or is otherwise related to, active service.

The Veteran's claims for increased ratings for lumbosacral strain, allergic rhinitis, and microcytic hypochromic anemia were granted. The initial evaluations for these conditions are as follows: lumbosacral strain at 20%, allergic rhinitis at 10%, and microcytic hypochromic anemia is rated compensable.

The Veteran's claim for an increased rating for a lumbosacral strain is being remanded due to the need to obtain SSA records, conduct a VA examination, and determine whether the Veteran meets the percentage requirements for a TDIU.

The Board has determined that further development is needed to determine the Veteran's service connection claims for PTSD and lumbosacral strain, including obtaining additional medical records and conducting VA examinations.

The Veteran's chronic lumbosacral strain has been manifested by combined range of motion of the lumbar spine greater than 120 degrees, forward flexion to 70 degrees with pain beginning at 40 degrees. The Board finds that his disability meets the criteria for a 20 percent rating under the general rating formula based on limitation of motion.

The Board found that the Veteran's sleep apnea and diabetes mellitus are related to his active service.

The Veteran's lumbosacral disc disease with osteoarthritis and left leg pain is currently rated at 40 percent, but does not meet the criteria for an increased evaluation.

The Veteran's appeals for a compensable disability rating for residuals of a dislocated coccyx and service connection for alcohol dependence have been withdrawn. The appeal for service connection for lumbosacral strain is being remanded.

The Veteran's claim for a higher rating for lumbosacral strain with degenerative changes was granted, and he is now rated at 40 percent effective from March 26, 2008.

The Veteran's appeal for an increased disability evaluation for chronic lumbosacral strain was dismissed due to the death of the appellant.