Sleep apnea decisions — 2011

The Board has determined that the Veteran's claims of entitlement to service connection for prostate cancer, obstructive sleep apnea, and restless leg syndrome require additional development due to the need for VA examinations.

The Board has denied the Veteran's claims for service connection for left arm tendonitis, obstructive sleep apnea, and an acquired psychiatric disorder due to a lack of credible evidence linking these conditions to his active service.

The Veteran's service-connected residuals of compression fracture, T12-L1 with lumbosacral strain and degenerative disc disease are currently rated at 60 percent, the maximum schedular rating available.

The Board has remanded the case for additional development, including obtaining VA and private medical records, scheduling a VA examination of the right knee, and readjudicating the issues on appeal.

The Veteran's radiculopathy is associated with his service-connected cervical and lumbar spinal stenosis. His peripheral neuropathy of the upper and lower extremities are not related to his service or any aspect thereof, including his service-connected spinal conditions.

The Veteran's death was caused by cirrhosis of the liver, which is not alcohol-related. The Board found that his use of pain medication for service-connected disabilities contributed to his liver failure and granted service connection for the cause of death.

The Veteran requested to withdraw the claim for service connection for sleep apnea. The remaining issues of prostate cancer and peripheral neuropathy are remanded.

The Veteran's appeals for higher initial ratings for posttraumatic headaches, hypertension, and low back strain have been dismissed as the Veteran has indicated satisfaction with the current ratings.,The Veteran's appeal of service connection for sleep apnea has been granted.

The Board has granted service connection for lumbosacral strain and denied service connection for degenerative disc disease of the lumbar spine status post laminectomy. The right ankle disorder (claimed as Achilles tendonitis) is not currently addressed in this decision.

The Veteran's lumbosacral degenerative disc disease has been rated at 10 percent since August 2, 2005. From January 8, 2007, he was granted service connection for right lower extremity radiculopathy and pain as secondary to his service-connected lumbosacral condition.

The Veteran's appeal has been withdrawn by the appellant through his authorized representative before the Board could issue a decision.

The Board denied the Veteran's request to reopen his claim for service connection for lumbosacral strain, finding that no new and material evidence had been submitted.

The Veteran's lumbosacral strain is rated at 20 percent, and his tinea versicolor is rated at 10 percent prior to October 24, 2008, and 30 percent thereafter. The Veteran does not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's depressive disorder has been granted a 100% rating, effective from the date of his claim. The Board also found that he is entitled to service connection for syncope and collapse, rhinitis, acute bronchitis, upper respiratory infection, sleep apnea, and dermatomycosis with pruritus due to undiagnosed illnesses.

The Board has determined that there is competent and credible evidence showing the existence of a current disability (obstructive sleep apnea) and in-service incurrence or aggravation of a disease (sleep apnea), as well as a causal relationship between the current disability and a disease incurred during service. The Veteran's symptoms have been noted since his return from Afghanistan, and he has used a CPAP machine for treatment since his October 2007 sleep study was positive for apneic episodes.

The Board found no evidence of negligence or lack of skill in the treatment provided by VA, and thus denied compensation under 38 U.S.C.A. § 1151 for OSA, hypertension, unstable angina, and cardiomyopathy.

The Board has determined that the Veteran's death, caused by respiratory failure due to pulmonary fibrosis, was associated with his service-connected PTSD. The claim for service connection for cause of death is granted.

The Board found that the Veteran's back disability is not related to his active service and denied his claim for service connection.

The Board has determined that the Veteran's claimed conditions, including lumbosacral strain, thoracolumbar strain with levoscoliosis, degenerative spondylosis at T10-11, sacral strain with left sacral torsion, bilateral sciatica, and bladder incontinence, are not service-connected.

The Veteran's appeal is being remanded for a new hearing before a Veterans Law Judge at the RO.