Sleep apnea decisions — 2011

The Board has determined that the appellant does not have a current left ear hearing loss disability and service connection for sleep apnea is granted as it was incurred in service.

The Board denied the Veteran's claims for increased ratings for his lumbosacral strain and cervical spine conditions, finding that the evidence did not support a higher rating under the applicable VA rating criteria.

The Veteran's low back disability was granted service connection with an initial rating of 20 percent effective December 30, 2005. The issues related to the right foot drop, sciatica, and sciatic sensory radiculopathy were also addressed.

The Veteran's claim for a compensable rating for left ear hearing loss with otitis media was denied. The Board found that the Veteran's current level of hearing impairment did not meet the criteria for a compensable evaluation.

The Veteran's claim for increased disability ratings for her service-connected lumbosacral strain, left lower extremity radiculopathy, and cervical spine disc disease is denied due to the proper recoupment of separation pay from VA compensation benefits.

The Veteran's claims for service connection for a psychiatric disorder, sarcoidosis, sleep apnea, hyperlipidemia, and COPD were denied as there is no evidence of in-service disease or injury that could be linked to these conditions.

The Board has granted service connection for a left knee disability, to include arthritis and status post total knee arthroplasty, as secondary to the Veteran's service-connected lumbosacral strain. The effective date remains pending.

The Veteran's appeal has been withdrawn due to his request for withdrawal of the claims for carotid body tumor, itchy bumps on scalp and fatty oily skin bump/acne under the eye, bowel constipation, extreme coughing until nauseous, sleep apnea, problems with teeth, numbness in arms and shoulders while sleeping, and enlarged prostate.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain is being remanded due to the need for additional medical examination and records.

The Board finds that the Veteran's sleep apnea had its clinical onset during service and grants service connection for this condition.

The Veteran's service-connected lumbar spine disorder does not preclude him from securing and following a substantially gainful occupation.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran is unable to secure or follow a substantially gainful occupation due solely to impairment resulting from his service-connected disabilities, and the Board finds reasonable doubt in favor of this determination.

The Board finds that the preponderance of the evidence is against the Veteran's claims of service connection for a neck disability and sleep apnea. There are no in-service complaints, treatments, or diagnoses related to these conditions.

The Veteran's claim of service connection for a lumbosacral spine disability is being remanded due to the need to obtain SSA records and provide the Veteran with a VA examination.

The Veteran's appeal is being remanded for additional development to determine the nature and etiology of his sleep apnea, right knee disorder, and left knee disorder.

The Veteran seeks service connection for obstructive sleep apnea, which he contends is related to his service-connected hypertension. The Board finds the VA examination inadequate and requires an addendum or a new examination to address the Veteran's lay statements regarding symptoms in service.

The Veteran's right ear hearing loss was found to have initially manifested during his period of service, and the Board finds that it is related to service. The issue of entitlement to service connection for sleep apnea, to include as secondary to PTSD, will be addressed in a separate decision.

The Veteran's claims for service connection for bilateral hearing loss and sleep apnea have been denied as there is no evidence of a current disability meeting VA compensation criteria, and the Veteran has not presented credible lay assertions establishing continuity of symptomatology since service.

The Veteran's right ear hearing loss was found to have initially manifested during service and is therefore considered incurred in service. The Board finds that the Veteran has current sleep apnea, which may be related to his service-connected PTSD.