Sleep apnea decisions — 2011

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for sleep apnea. The Board also finds that the Veteran's current diagnosis of sleep apnea is related to his period of active duty, thus granting service connection.

The Veteran's service-connected lumbosacral strain and related conditions are rated at 20 percent, effective from the date of the decision.

The Board has determined that additional development is needed to verify the Veteran's reported in-service personal assault and stressors, as well as to obtain a new VA examination to determine the nature and etiology of her psychiatric conditions. The case will be returned for further action.

The Board has determined that the Veteran was exposed to herbicides during his service in Vietnam, and therefore grants service connection for diabetes mellitus and gluteal liposarcoma as secondary to such exposure.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for coronary artery disease. However, the claim remains denied as there is no causal relationship between the current condition and active service or any service-connected disability.

The Veteran's bilateral hearing loss disability is found to be related to in-service noise exposure and granted. Sleep apnea was not present in service or linked to service, thus denial.

The Board has determined that the Veteran's cervical, thoracic, and lumbosacral spine disabilities were not incurred or aggravated by service. The disabilities are considered to be unrelated to any injury, disease, or event in service.

The Veteran withdrew his appeals regarding the compensable evaluation for the service-connected left hand injury, Barrett's disease, sleep apnea, bilateral knee disorder, and bilateral ankle disorder. He also withdrew his petitions to reopen the claims of service connection for a low back disorder and a left eye disorder (astigmatism).

The Veteran's service-connected lumbosacral strain disability is currently rated at 10 percent, and the Board finds that it does not meet the criteria for a higher rating.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's claims, including obtaining specific information regarding his periods of active duty and inactive duty training in the Army Reserve.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining medical records and scheduling a VA examination.

The Veteran's service-connected sleep apnea requires the use of a CPAP device, warranting a 50% initial rating since August 1, 2006.

The Veteran's lumbosacral strain is currently rated at 20 percent, which is the maximum schedular rating available under Diagnostic Code 5237. The RO has granted this increased rating based on the criteria for a lumbosacral strain with forward flexion of the thoracolumbar spine not greater than 60 degrees and combined range of motion not greater than 120 degrees.

The Veteran's appeal is remanded for additional development, including obtaining VA and SSA records, scheduling a neurological examination, and determining the effects of his service-connected disabilities on his employability.

The Veteran's service-connected DFSP residuals, including post-surgical resection of the left latissimus dorsi muscle and associated limitation of motion of the left shoulder, are currently rated at 20 percent. The current rating adequately reflects the severity of these conditions based on the criteria for evaluating muscle injuries under Diagnostic Code 5302.

The Veteran's claim for increased ratings for his service-connected degenerative disc disease of the lumbosacral spine was denied. The RO found that the disability did not meet or approximate criteria warranting a higher rating.

The Veteran's sleep apnea was initially rated at 0 percent, but since May 13, 2008, he has been assigned a 50 percent rating. The appeal is mixed as it concerns both the initial compensable rating and higher ratings since May 13, 2008.

The Veteran's sleep apnea was found to have been incurred during his active duty service.

The Board has determined that additional development is needed in order to properly adjudicate the Veteran's claims, including obtaining service records and addressing her claims for service connection.

The Board has granted service connection for panic disorder with agoraphobia and denied service connection for sleep apnea.