Sleep apnea decisions — 2011

The Board found that the Veteran's obstructive sleep apnea is not related to his service-connected bilateral maxillary sinusitis and denied his claim for secondary service connection.

The Board found that the Veteran's mild degenerative joint and disc disease of the cervical spine did not have its onset in service, within one year of service, nor may it be presumed to have been incurred in service. The claim was denied.

The Veteran has withdrawn his appeals for an increased rating for spondylolisthesis, lumbosacral spine, L5-S1 with spondylolysis, L4 with IVDS; service connection for chondromalacia patella, right knee; and service connection for a right foot condition.

The Board finds that the Veteran's sleep apnea and narcolepsy were incurred in service, raising a reasonable doubt as to their etiology. The underlying disability associated with an irregular heartbeat is not shown, and there is no evidence linking the liver disorder to service.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for residuals of a left shoulder injury. The Veteran's lumbosacral spine disability is found to be related to his military service, with reasonable doubt resolved in favor of the Veteran.

The Board has granted service connection for left ankle osteochondral lesion of the talar dome, right great toe osteoarthritis, and degenerative disc disease of the lumbosacral spine as secondary to the Veteran's service-connected right knee disability.

The Board found that the Veteran's current DDD of the lumbosacral spine was not present in service or for many years thereafter, and is not related to service.

The Veteran's lumbosacral disability and cervical spine disability were not incurred or aggravated by service, nor are they related to his service-connected left knee condition.,The Veteran does not have a current disability of the cervical spine that is service connected.

The Veteran's claims for service connection for sleep apnea and atrial fibrillation are being remanded due to the need for a VA examination, as well as additional VCAA notification. The examiner is requested to determine if these conditions are secondary or aggravated by his service-connected diabetes insipidus or hypogonadism.

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

The Board has determined that the Veteran's sleep apnea began during his active military service and grants service connection for this condition.

The Veteran's service-connected lumbosacral strain with degenerative disc disease is currently rated at 40 percent, and the Board finds that this rating adequately reflects his disability level.

The Veteran's petition to reopen service connection for a left hip disability has been granted. The underlying claim on the merits, as well as the issue of service connection for a right hip disability, are addressed in the REMAND portion of this decision.,Service connection for a bilateral ankle disability remains denied.

The Veteran's claims for service connection were denied. The Board found no new and material evidence to reopen the claim for Osgood-Schattler's disease in the right knee, as the preponderance of the evidence showed that it existed prior to service and was not aggravated by service. Service connection for degenerative arthritis in both knees and obstructive sleep apnea were also denied.

The Board has granted service connection for Obstructive Sleep Apnea, finding that the Veteran's sleep disturbances during his 2003/2004 deployment are a separate disability from his PTSD. The evidence is in equipoise as to whether PTSD caused or aggravated the OSA.

The Board found no evidence linking the Veteran's current sleep apnea to his military service and denied his claim for service connection.

The Veteran's appeal is being remanded for additional development, including an examination to assess the current severity of his service-connected lumbosacral strain with lumbosacral spine degenerative joint and disc disease status post laminectomy and fusion.

The Veteran withdrew her appeal regarding the increased initial rating for bulimia nervosa with anxiety.

The Veteran's claim for reimbursement of unauthorized medical expenses at a private hospital is denied because the emergency services provided were not rendered in an emergency situation as defined by VA regulations.

The Veteran's claim for a rating in excess of 10 percent for bilateral plantar fasciitis was granted, and service connection for sleep apnea was established. The TDIU claim is addressed in the REMAND portion.