Sleep apnea decisions — 2011

The Veteran withdrew his appeal before the Board could make a decision.

The Veteran's claim for a higher rating for his DDD of the lumbosacral spine was denied as there was no evidence of severe limitation of motion, forward flexion of less than 30 degrees, or spinal ankylosis prior to February 1, 2006.

The Veteran's low back disability is rated at 40 percent, effective from the date of this decision. His bilateral sciatic neuropathy is also rated at 40 percent, effective from the date of this decision.

The Board denied the Veteran's claims for service connection for sleep apnea and a back disability. The Veteran did not meet his burden of establishing that current disabilities are related to service.

The Veteran's sleep apnea did not have its onset in active service and is not otherwise etiologically related to service. The Board finds that the preponderance of the evidence is against his claim for entitlement to service connection for sleep apnea.

The Veteran's claims for service connection and initial ratings for various disabilities were denied. The Board found that the evidence did not support granting service connection for OSA, or assigning higher initial ratings for the other conditions.

The Board denied service connection for benign prostate hypertrophy, disability manifested by hyperventilation/shortness of breath, a right leg disorder and sleep apnea as the evidence did not support these claims.

The Veteran seeks service connection for several disabilities, including a fracture of the right fifth finger, a disability of the lumbosacral spine, and bilateral hearing loss. The case is REMANDED to obtain additional evidence regarding the Veteran's claims.

The Veteran's chronic obstructive sleep apnea was found to have its onset during active military service, and the Board granted his claim for service connection.

The Board found that the Veteran's lumbar strain did not meet or approximate the criteria for a higher initial disability rating in excess of 10 percent, and his PTSD did not meet or approximate the criteria for a higher initial disability rating in excess of 30 percent during the initial rating period.

The Board has determined that the evidence received since the May 2002 denial of reopening service connection for lumbosacral strain is not new and material, thus denying the Veteran's request to reopen his claim.

The Board finds that the evidence is in equipoise as to whether the Veteran's current obstructive sleep apnea had its onset during active service, and grants his claim for service connection.

The Board has granted the Veteran's claims for service connection for sleep apnea and renal insufficiency, finding that these conditions are as likely as not related to his active duty service. Sleep apnea is considered secondary to hypertension, while renal insufficiency is found to be due to the Veteran's now service-connected sleep apnea.

The Board has determined that the Veteran's sick sinus syndrome is presumed to have been incurred in service, and thus granted service connection for this condition. The issue of whether obstructive sleep apnea is related to service or a service-connected disability remains pending.

The Board found that the Veteran's primary insomnia was incurred in service and granted service connection for this condition. The Board also noted that there is no evidence of a chronic sleep disorder, to include obstructive sleep apnea, being related to service.

The Board has granted service connection for obstructive sleep apnea and reopened the claim for service connection of hemorrhoids. The Veteran's obstructive sleep apnea is presumed to have started in service, while his hemorrhoids are presumed to have worsened as a result of service.

The Veteran's overall disability rating is 80 percent, meeting the schedular standards for consideration of a TDIU. However, he does not meet the requirement of being unable to secure or follow substantially gainful occupation due to his service-connected disabilities as he has been employed in managerial positions since at least November 1998 and can still perform some work duties despite his disabilities.

The Board denied the Veteran's claim for a rating in excess of 40 percent for his service-connected lumbosacral strain, finding that there was no evidence of unfavorable ankylosis and that his degenerative disc disease is unrelated to his service-connected condition.

The Veteran's claim for an increased evaluation of his service-connected lumbosacral strain was denied, as the evidence did not show incapacitating episodes or other criteria warranting a higher rating. Service connection for bilateral peripheral neuropathy secondary to the lumbosacral strain was also denied.

The Board has determined that the Veteran's low back disorder, diagnosed as lumbar spine strain, was incurred in service and is granted service connection.