Sleep apnea decisions — 2011

The Veteran's claim for an increased rating for his service-connected lumbosacral strain with herniated nucleus pulposus was denied. The Board found that the evidence did not support a higher evaluation.

The Veteran's claimed conditions were not found to be related to service, including as due to an undiagnosed illness.

The Veteran's effective date for a 10 percent disability rating for degenerative disc disease of the lumbosacral spine at L5-S1 is granted as February 7, 2005.

The Board has granted an initial compensable rating of 10 percent for the service-connected lumbosacral strain residuals prior to March 19, 2005.

The Board has determined that the Veteran's claim for service connection for obstructive sleep apnea is remanded due to incomplete medical opinions regarding the etiology of his disability. Additional development, including obtaining a new VA examination or addendum to the existing one, is required.

The Veteran's claims for service connection were denied as the evidence did not establish a chronic disability or objective indications of a qualifying chronic disability resulting from an undiagnosed illness in the Southwest Asia Theater during the Persian Gulf War.

The Veteran's sleep apnea, which is currently rated at 50 percent disabling, does not meet the criteria for a higher rating as it does not manifest chronic respiratory failure with carbon dioxide retention or cor pulmonale.

The Veteran's service-connected disabilities require a higher level of care, necessitating hospitalization or nursing home care. The RO must arrange for an aid and attendance evaluation to determine if the Veteran requires such care.

The Board denied the Veteran's claims for service connection for obesity, sleep apnea, and hypertension. The decision noted that there is no credible evidence linking these conditions to his active duty service or an undiagnosed illness associated with Gulf War service.

The Veteran's claims for increased ratings for his knee disorders and psychiatric disability were denied. The Board found new and material evidence to reopen the claim for service connection of a psychiatric disorder, but did not decide whether it was secondary to his service-connected lumbar spine disorder.

The Board has determined that the Veteran's low back disability, to include lumbosacral strain, is shown by competent medical evidence of record to have had its onset during his active military service and grants service connection for this condition.

The Veteran's claims for increased ratings for lumbosacral strain and posttraumatic arthritis of the left knee were denied. The RO found that his conditions did not meet the criteria for higher disability ratings under VA rating criteria.

The Veteran's service-connected lumbosacral strain is currently rated at 10 percent, and the claim for an increased rating was denied. Service connection for a right arm/shoulder disorder was also denied, as well as the claim for TDIU.

The Board found that the appellant's low back disability was not incurred in or aggravated by active duty service, nor is it related to a service-connected condition. The claim for service connection was denied.

The Board has reopened the Veteran's claim for direct service connection for sleep apnea and remanded it for further development. The original claim for secondary service connection to PTSD remains on hold until a VA examination is conducted.

The Veteran's claim for benefits under 38 U.S.C.A. § 1151 was denied as the evidence did not show that VA carelessness, negligence, or error caused his current lumbar spine disability.,The effective date of a 50 percent rating for service-connected bilateral flat feet was denied as prior to October 3, 2003, there was no factual basis to establish an increase in disability.

The Veteran's claim for an initial rating in excess of 20 percent for degenerative disc disease of the lumbosacral spine was granted. The claim for service connection for hearing loss was denied.

The Veteran withdrew his appeal for the claims of hypercholesterolemia, cough, and right otoalgia. The Board also found that he does not have a vision disability or knots on the ankles and heels related to service. He was also unable to establish entitlement to sleep apnea, hand pain, shoulder pain, or ankle pain as being due to service.

The Board found that the Veteran's sleep apnea did not have its onset in active service and was not shown to be related to a disease or injury incurred in active service. Therefore, the claim for service connection for sleep apnea was denied.

The Veteran's claims for service connection and TDIU are being remanded due to a procedural error in the December 1969 rating decision, which did not notify him of his denial. The Board will consider these matters as new and material evidence is not required.