Sleep apnea decisions — 2011

The Veteran's sleep apnea was not found to be related to his service-connected low back disability, and the Board denied an increased evaluation for his post-operative herniated lumbar disc.

The Board has determined that there is no persuasive medical evidence linking the Veteran's obstructive sleep apnea to his service-connected bronchial asthma, and thus denied the claim of entitlement to service connection for obstructive sleep apnea as secondary to service-connected bronchial asthma.

The Board has remanded the case for further development, including obtaining VA clinical records and conducting examinations to determine the nature of the Veteran's low back disability and any shoulder or elbow disorders. The claim will be reviewed again after these actions.

The Veteran's initial and increased evaluations for his service-connected cervical spine and lumbosacral strain disabilities are denied as the evidence does not meet the criteria for higher ratings under the applicable rating schedule.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that his current condition is not related to his military service and thus cannot be granted on a direct basis.

The Veteran's service-connected disabilities have rendered him in need of regular aid and attendance since a year prior to the date of claim, leading to SMC at the K-1 level from July 29, 2004. After August 31, 2010, he was granted SMC at the L level based on his need for regular aid and attendance.

The Board denied service connection for sleep apnea and low back disorder, finding that the evidence did not support a link between these conditions and active service.,There was no medical evidence linking either condition to service.

The Veteran's appeal is being remanded for further examination and development of his claims, including a new VA examination to determine the nature and etiology of his lumbosacral spine disability, as well as an increased rating for his service-connected left knee strain with degenerative changes and right knee degenerative joint disease.

The Veteran's claim for an increased rating for lumbosacral strain was denied as his disability did not meet the criteria for a higher rating.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and scheduling a VA examination to assess the severity of his service-connected thoracolumbar spine disability. The issues of increased rating and TDIU are also being addressed.

The Veteran's lumbosacral strain is not productive of incapacitating episodes having a total duration of at least six weeks during the past 12 months, and his radiculopathy has been productive of pain, decreased sensation, and functional impairment. The Board granted an initial 40 percent disability evaluation for both conditions.

The Veteran's appeal for higher initial ratings for idiopathic pulmonary fibrosis with sleep apnea has been dismissed as the appellant requested withdrawal of the appeal.

The Veteran is granted service connection for coronary artery disease, depressive disorder secondary to coronary artery disease, and sleep apnea as secondary to PTSD. Service connection was denied for a back disability, fibromyalgia, gastrointestinal disorder, and sexual dysfunction.

The Veteran's claims for increased ratings for PTSD and lumbosacral strain were denied. The Veteran did not appeal these decisions.

The Veteran's back disability was initially rated at 10 percent in June 1998 and later increased to 20 percent effective November 3, 1997. The claim for a higher initial rating remains denied as the evidence does not support an increase beyond 20 percent.

The Board has determined that the Veteran's claim for service connection for sleep apnea was received within one year of his discharge from active duty, and thus an effective date of July 1, 2006 is granted.

The Veteran's claims are being remanded due to his request for a hearing before the Board of Veterans' Appeals. The issues include reopening and denying service connection for low back or lumbosacral spine disorder, bilateral hearing loss, tinnitus, and neck or cervical spine disorder.

The Veteran is not eligible for financial assistance in purchasing specially adapted housing or a special home adaptation grant due to the lack of anatomical loss or use of either lower extremity.

The Veteran's right knee disorder is not service-connected as it did not arise during active duty and is not linked to his service-connected lumbosacral spine disability.,The Veteran's claim for an increased rating for his lumbosacral spine disability was denied.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence of a current left shoulder disability that was incurred or aggravated by service, and the cervical spine disability is not shown to be aggravated during service.