Sleep apnea decisions — 2011

The Veteran's diabetes mellitus and sleep apnea have been granted service connection. The issue of special monthly compensation for loss of use of creative organ is inextricably intertwined with the secondary service connection claim.

The Board has determined that the Veteran's left knee, right knee, and low back disabilities are service-connected. The PTSD claim is also granted.

The Veteran's appeal has been withdrawn for the claims of service connection for hypercholesterolemia and an initial rating greater than 10 percent for tinnitus. The claim for an initial compensable rating for bilateral hearing loss remains pending.

The Veteran's disability rating for his lumbosacral spine condition was denied, with the exception of a separate 20 percent rating assigned for radiculopathy affecting the left lower extremity. The primary issue pertained to whether he should receive an increased rating for his spinal condition prior to July 23, 2010.

The Board has reopened the Veteran's claims and granted service connection for contact dermatitis leading to dyshydrotic eczema and sleep apnea, finding that these conditions are related to his active duty service.

The Board denied service connection for sleep apnea, esophageal disorder, very weak bones, and back disability. The evidence did not provide a reasonable possibility of substantiating these claims.

The Board has determined that the Veteran does not have current diagnoses of right ear hearing loss or sleep apnea, and thus cannot establish service connection for these conditions.

The Veteran's service-connected disabilities do not render him totally unemployable, as he is capable of securing and following a substantially gainful occupation.

The Board found that the Veteran's sleep apnea was not incurred or aggravated in service and denied his claim.

The Veteran is not rendered unable to obtain or maintain substantially gainful employment as a result of her service-connected disabilities, and the Board finds that the criteria for TDIU have not been met for any period.

The Board has determined that the Veteran's current sleep disorder, including obstructive sleep apnea and upper airway resistance syndrome, is related to his active service. The Veteran also meets the criteria for an initial compensable disability rating for hypertension.

The Veteran's service-connected degenerative joint disease of the lumbosacral spine is currently rated at 10 percent prior to July 5, 2007. The May 2005 VA examination established that the Veteran experiences pain and limited range of motion without additional functional loss or weakness on repetitive use. Therefore, a higher initial evaluation of 20 percent is granted for this period.

The Veteran's claim for service connection for tinnitus was denied, and his claim for an increased rating for lumbosacral strain superimposed on minimal scoliosis and degenerative disc disease, L3-4 and L4-5, at a 10 percent evaluation, was also denied.

The Board has decided to remand the case for additional development, including a VA examination and an opinion regarding whether the Veteran's sleep apnea is related to service.

The Board denied the Veteran's claim for an earlier effective date prior to October 25, 2007 for the grant of service connection for obstructive sleep apnea. The earliest effective date assigned was October 25, 2007.

The Veteran's sleep apnea is related to the medication used to control his service-connected lumbar back pain, and thus is considered secondary to his service-connected condition.

The Board has granted a 20 percent evaluation for the Veteran's service-connected lumbar strain, effective November 19, 2008.

The Board has granted service connection for sleep apnea as aggravated by a service-connected condition (rhinitis) and assigned a 50 percent rating, effective from the date of the decision.

The Board has granted the appellant's claims for service connection for tinnitus and sleep apnea, but denied his claim for service connection for bilateral hearing loss due to lack of evidence within the time frame. The claim for erectile dysfunction was not adjudicated as it is related to a clothing allowance or fee dispute.

The Board has determined that the Veteran's degenerative joint disease of the cervical and lumbosacral spine is service connected, based on evidence showing it began during his military service.