Sleep apnea decisions — 2010

The Board has determined that the Veteran's claims for service connection have been denied as new and material evidence was not received to reopen any of the previously denied claims.

The Veteran's appeal for an initial compensable rating for service-connected onychomycosis of the bilateral feet has been withdrawn. The case is being remanded to determine if a higher rating is warranted for his chronic lumbosacral strain.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board has determined that the Veteran's obstructive sleep apnea and gastrointestinal disorder, including gastroesophageal reflux disease, were not incurred in or aggravated by military service. The Veteran's claim for service connection for these conditions is therefore denied.

The Veteran's appeal involves multiple conditions, all of which are being reconsidered due to new evidence. The Board has not yet determined the outcome for each condition.

The Veteran's depression is service-connected and secondary to his service-connected disabilities. The Veteran's sleep apnea requires a CPAP machine, warranting a 50% initial evaluation prior to April 21, 2005. His ventral hernia warrants an initial evaluation of 20 percent.

The Veteran's claim for a higher disability evaluation for her herniated nucleus pulposus with lumbosacral strain is being remanded due to the need for additional medical examination and development of records.

The Veteran's appeal for service connection of a right shoulder disability has been withdrawn. The case is being remanded to determine the current severity of his lumbosacral spine disability.

The Veteran's low back disability is rated at 40 percent, with separate ratings for right and left sciatic nerve impairment. The Veteran also meets the criteria for TDIU based on his service-connected disabilities.

The Board found that the Veteran's obstructive sleep apnea was not incurred in or aggravated by active service, nor was it caused or aggravated by a service-connected disability. The claim for an initial disability rating in excess of 10 percent for chronic otitis media in the right ear is also denied.

The Veteran's appeal involves multiple conditions and exposures, with the majority of issues seeking service connection for various health problems. The Board has determined that a hearing is needed to address these claims.

The Board has found no evidence of a current right ankle sprain or sleep apnea related to service. The Veteran's claim for these conditions is denied.

The Board has decided to remand the case for additional development, including obtaining treatment records and providing VA examinations.

The Veteran's claim for an earlier effective date for a 20 percent rating for lumbosacral strain was denied as no increase in disability had occurred within the year prior to his February 26, 2007 claim.

The Veteran's appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board found that the Veteran's low back disorder is not directly related to his service-connected left knee disability and denied the claim for secondary service connection.

The Veteran's low back disability is manifested by complaints of chronic pain, with flare-ups and exacerbations; objective findings of limitation of lumbar motion with pain on motion; and limitation of activities. The Board denied an increased evaluation in excess of 40 percent for his lumbosacral strain with degenerative joint disease, degenerative disc disease with facet hypertrophy, spinal stenosis and herniated nucleus pulposus, L-4/L-5, status post-discectomy and fusion.

The Veteran's claims for increased ratings for left hip arthrosis and lumbosacral strain, as well as his claim for SMC based on A&A or housebound status, were denied. The Veteran's right hip arthrosis was not found to be related to his service-connected lumbosacral strain.

The Board granted an evaluation of 20 percent for the Veteran's service-connected chronic lumbosacral strain from September 27, 1990 to July 20, 1999.

The Veteran's PTSD claim was granted, and he received a 20 percent evaluation for his peripheral neuropathy of the right upper extremity. The claims for hypertension and sleep apnea were also granted.