Sleep apnea decisions — 2011

The appellant has withdrawn his appeal for increased ratings for lumbosacral strain with degenerative disc disease, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity. As a result, the Board dismisses the appeal.

The Veteran's service connection claim for bilateral hearing loss was granted. For his respiratory disability, the initial rating prior to October 30, 2009, and a higher rating beginning October 30, 2009, were granted.

The Board has determined that the Veteran's respiratory disorder, including sleep apnea, is related to his active service and granted service connection for this condition.

The VA determined that the Veteran's current lumbar spine disability, including arthritis and degenerative disc disease, was not incurred in or aggravated by service. The Board found no evidence of a chronic disability within one year after separation from service, and there is no credible evidence of continuity of symptomatology since service.

The Board has determined that the Veteran's claimed disabilities, including obstructive sleep apnea, residuals of frostbite of the right foot, boils, migraine headaches, and depression, are not related to active service.

The Board denied service connection for osteosarcoma of the left mandible, finding no link to active duty service. The Veteran's cause of death was attributed to his metastatic osteosarcoma.

The Veteran's claim for a higher initial evaluation for migraine headaches has been granted, with the rating now at 30 percent. The other claims remain pending.

The Veteran's claim for an effective date prior to August 10, 2009, for the grant of a 50 percent disability rating for obstructive sleep apnea has been denied as there is no medical evidence to establish a higher rating prior to that date.

The Board has determined that the Veteran's hypertension, hepatitis, and obstructive sleep apnea are not service-connected as secondary to his diabetes mellitus. The claims for these conditions have been denied.

The Board has determined that the Veteran's right ear hearing loss, lumbosacral spine disability, and chondromalacia of the right patella are all service-connected.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for hypertension. The Veteran's hypertension is found to be incurred in active military service.

The Board denied the Veteran's claims for service connection for various conditions, including GERD and residuals of gallbladder removal. The evidence did not establish a link between these conditions and active service.

The Veteran's service-connected lumbosacral strain with degenerative disc disease is currently rated at 40 percent, which corresponds to the criteria for a 40 percent evaluation under Diagnostic Code 5243. The disability picture does not meet or approximate the criteria for an evaluation in excess of 40 percent.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Veteran's lumbosacral herniated nucleus pulposus and cervical spine injury are currently rated at 40 percent, with a separate grant of service connection for right lower extremity radiculopathy and pain as secondary to the lumbosacral HNP. The claim is granted.

The Veteran's claims for service connection for Rosai Dorman disease with destruction of the left elbow and bilateral ankle disability were denied as there is no evidence that these conditions are related to his military service.

The Board has granted service connection for PTSD, depression and major depressive disorder, and sleep apnea as secondary to service-connected disabilities. The Veteran's claims for GERD are also addressed.

The Board has determined that the Veteran's obstructive sleep apnea is due to his service-connected PTSD and grants this claim.

The Veteran's paravertebral muscle spasm, right dorsal area has been rated at 10 percent since July 1974. The issue of entitlement to a TDIU was withdrawn by the Veteran prior to the Board decision.

The Veteran's lumbosacral strain with Schmorl's nodes is currently rated at 20 percent effective February 2, 2010.,The Veteran's right shoulder impingement syndrome is currently rated at 10 percent effective February 2, 2010.