Sleep apnea decisions — 2011

The Veteran has withdrawn his appeals for chronic hearing loss disability, chronic actinic keratosis, and chronic obstructive sleep apnea syndrome. The appeal is dismissed as a result.

The Veteran's claim for an increased rating for her service-connected lumbosacral strain, degenerative disc disease (DDD) at T11-12 and L5-S1, and spondylosis at L5-S1 is being remanded due to the need for additional development of her medical records.

For the period of the appeal, the evidence demonstrates that the Veteran's lumbosacral strain has been manifested by limitation of motion with pain on motion; flexion of the lumbar spine to 65 to 90 degrees, and mild to moderate muscle spasm. The criteria for a rating in excess of 40 percent are not met.

The Board denied service connection for the Veteran's claimed conditions, finding that there was no evidence of a current disability or a relationship to service. The claims were not granted as secondary to service-connected diabetes mellitus with erectile dysfunction, hypertension, or any other condition.

The Veteran's lumbosacral strain was found to be at least as disabling as a 20% rating, and no higher. The Board denied an increased rating.

The Veteran's claims for increased evaluations and service connection were denied. The decision is based on the existing evidence and applicable rating criteria.

The Veteran's service-connected disabilities cause her to be in need of regular aid and attendance of another person, as evidenced by her limited mobility, inability to dress or bathe herself without assistance, and frequent need for adjustment of special prosthetic appliances. The Board finds that she meets the criteria for SMC based on the need for regular aid and attendance.

The Veteran's claims for increased ratings and TDIU were denied. The Board found that the Veteran's migraine headaches did not meet the criteria for a higher rating, and his service-connected disabilities did not preclude substantially gainful employment.

The Veteran's claims of service connection for tinnitus, lumbosacral disability, bronchitis, gastritis, bilateral upper extremity paresthesias, bilateral wrist strain, residuals of bilateral big toe fractures, and headaches have been denied as there is no competent medical evidence linking these conditions to his military service.

The Board has determined that the Veteran's sleep apnea is not proximately due to, the result of, or aggravated by his service-connected PTSD.

The Veteran's low back disability was rated at 10 percent effective January 1, 2007. The previous rating of 20 percent from March 11, 2006 to September 7, 2006 has been maintained.

The Veteran's appeal for service connection for sleep apnea has been withdrawn by the appellant prior to a decision being made.

The Veteran's claims for increased ratings are being remanded due to the need for additional examinations and consideration of new evidence.

The Board granted service connection for flat feet and found it had onset during active service. Service connection was denied for hypertension and erectile dysfunction, including as secondary to PTSD.

The Board found that the reduction of the Veteran's lumbar strain rating from 40 percent to 20 percent was proper, and denied his request for restoration of the original 40 percent rating.

The Board denied the Veteran's claim for service connection for degenerative disc disease of the lumbosacral spine, finding that his pre-existing low back disorder was not aggravated by military service.

The Veteran's claims for service connection for sleep apnea, hypertension, and diabetes mellitus have been withdrawn.,Service connection is not granted for a left ankle disability. The Veteran's current ankle pain started in 2004.

The Board denied the Veteran's claims for increased ratings for diabetes mellitus and PTSD, but granted service connection for sleep apnea. The Veteran is currently rated at 20 percent for diabetes mellitus.

The Veteran is seeking service connection for sleep apnea and hypertension, which she claims are related to her service-connected GERD and asthma. The Board finds that a medical examination is needed to determine the etiology of these conditions.

The Veteran's obstructive sleep apnea is found to have originated during his active service and the Board grants service connection for this condition.