Sleep apnea decisions — 2011

The Board has determined that the May 2006, February 2007, and June 2007 rating decisions denying service connection for low back disorder and sleep apnea were not erroneous.

The Veteran's claims for service connection for obstructive sleep apnea and restless leg syndrome were denied. The Board found that the evidence did not support a finding of continuity of symptomatology or causation to service, and thus denied these claims. Additionally, the Veteran's claims for increased evaluations for her right and left knee chrondromalacia patella and DDD of the lumbar spine were also denied.

The Veteran's degenerative disc disease with lumbosacral strain has not resulted in unfavorable ankylosis of the entire thoracolumbar spine, and no incapacitating episodes have occurred. Therefore, a rating higher than 40 percent is denied.

The Veteran's claim for PTSD was denied, but his depression is found to be secondary to his already service-connected low back disability. His low back disability remains at a 60 percent rating.

The Veteran's claims for service connection for bulimia nervosa and gastritis and reflux esophagitis have been granted. The remaining issues, including those related to the right wrist, ankle, and dental disorders, were denied.

The Board has determined that the Veteran's degenerative disc disease of the lumbar spine did not manifest within one year following service and is not related to any aspect of his military service, including a coccyx injury in 1984. Therefore, service connection for this condition cannot be established.

The Veteran's death was attributed to natural causes, specifically end stage renal disease. The service-connected conditions (post-laminectomy lumbosacral disc disease and PTSD) are not considered contributory factors in his death.

The Veteran's lumbosacral strain is currently rated at 20 percent, the maximum schedular rating available under VA guidelines.

The Veteran's acquired psychiatric disorder (PTSD), bilateral flat feet, and chronic low back strain are all found to be related to his military service. The claim for increased disability evaluation for the lumbar spine is granted.

The Veteran's claim for an increased rating for lumbosacral strain with degenerative changes was denied, as his disability did not meet the criteria for a higher evaluation. The claims for service connection of cervical spine and left arm/shoulder disabilities were also denied.

The Board denied service connection for tinnitus and bilateral hearing loss, as well as residuals of lumbosacral strain. The Veteran's claim was not reopened due to lack of new and material evidence.

The Veteran's service-connected conditions have been rated, with the exception of the residuals of right tibia stress fractures and pseudofolliculitis barbae, which are assigned noncompensable ratings. The RO has granted a 10 percent rating for degenerative changes of the lumbosacral spine.

The Board has denied the claims for service connection for arthritis of lumbosacral spine and PTSD due to a lack of evidence showing an in-service injury or disease, and no credible link between current disability and service.

The VA determined that the appellant's sleep apnea has caused persistent daytime hypersomnolence but does not meet the criteria for a higher rating as it does not require use of a breathing assistance device such as CPAP or result in chronic respiratory failure.

The Veteran's claim for a higher rating for his lumbosacral strain was denied as the evidence did not meet the criteria for a higher evaluation under the applicable diagnostic codes.

The Veteran's claims for increased ratings for his service-connected cervical, thoracic and lumbosacral degenerative disc disease with radiculopathy and right shoulder condition are being remanded due to the need for additional examinations and development of medical records.

The Veteran's service-connected disabilities do not meet the criteria for certification for automobile and adaptive equipment or adaptive equipment only.

The Veteran's claim for service connection for PTSD was reopened, but his claims for sleep apnea were denied. The Board found that new evidence related to the PTSD claim, while no current diagnosis of sleep apnea or other sleep disorder was established.

The Board has granted the Veteran's claim of service connection for a lumbosacral spine disability. The appeal for service connection for hemorrhoids was withdrawn by the Veteran prior to the issuance of a decision.

The Veteran seeks service connection for a back condition, which he claims is related to his service-connected right leg disability. The Board has determined that additional development is needed before the claim can be properly adjudicated.