Sleep apnea decisions — 2011

The Veteran's current degenerative disc disease of the lumbosacral spine is not related to his service or service-connected right knee condition.

The Veteran's nonservice-connected disabilities, including degenerative changes at the acromioclavicular joint of the left shoulder and gastroesophageal reflux disease, do not meet the criteria for a permanent and total rating for non-service connected pension.

The Board found that the Veteran's sleep apnea was not incurred in or aggravated by military service and denied his claim for service connection.

The Veteran's coronary artery disease is presumed to have resulted from his service in Vietnam, and he is granted service connection. The Veteran's back condition is not related to his military service.

The Veteran's service-connected chronic lumbosacral strain and PTSD/Depressive Disorder have rendered him unable to secure or maintain substantially gainful employment.,The Board finds that the Veteran is unemployable due to his service-connected disabilities, including chronic lumbosacral strain and PTSD/Depressive Disorder.

The Board found that the Veteran's chronic lumbosacral spine disability was not incurred in or aggravated by service.

The Board has decided to remand the case due to the need for a VA medical opinion regarding the origin of the Veteran's sleep apnea, which is currently diagnosed. The Veteran will be provided with an examination and/or any indicated tests and studies.

The Board has determined that additional VA opinions are needed to determine the etiology of the Veteran's tinnitus and sleep apnea, as well as whether these conditions are related to service. The case is being remanded for further development.

The Veteran's lumbosacral disc bulging and chronic back strain have not resulted in the required range of motion or other criteria for a higher rating, so his initial claim for an increased rating is denied.

The Veteran's claim for an increased rating for his service-connected chronic lumbosacral strain with degenerative joint disease and degenerative disc disease was granted, with a rating of 20 percent effective from February 18, 2010.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to determine if the Veteran's service-connected disabilities alone are of sufficient severity to produce unemployability.

The Board has granted the Veteran's claims for service connection in full, including reopening of previously denied claims and granting new evaluations.

The Board has determined that the Veteran does not have current disabilities related to his service-connected conditions or any in-service injuries, and therefore, denied all claims of service connection.

The Veteran has withdrawn his appeal regarding the issues of service connection for PTSD, hearing loss, tinnitus, sleep apnea, and a skin rash to the hands.

The Board has determined that the Veteran's currently diagnosed obstructive sleep apnea is causally related to his active duty service and grants entitlement to service connection for this condition.

The Veteran's claim of service connection for schizophrenia was denied. The Board found that the evidence did not support a finding of in-service onset or continuity of symptomatology, and thus denied this claim. Service connection for lumbosacral spine disability, including degenerative disc disease and spondylosis, was also denied as there was no credible evidence linking these conditions to service.

The Veteran's claim for a rating in excess of 20 percent for residuals from left knee myxoid liposarcoma, status post-radiation and excision, was denied as his disability does not more nearly approximate severe recurrent subluxation or lateral instability. He is currently rated at 20 percent.

The Veteran's service-connected disabilities are not considered to be an employment handicap, and she is already employed in a suitable position. Therefore, additional vocational rehabilitation benefits under Chapter 31 have been denied.

The Board has determined that the Veteran's pre-existing obstructive sleep apnea worsened during his active duty service, and thus grants service connection for this condition on the basis of aggravation.

The Board has denied the Veteran's claims of service connection for lumbosacral spine spondylosis, degenerative joint disease of bilateral wrists, bilateral knee replacement, and degenerative joint disease of left ankle as new and material evidence was not received to reopen these previously denied claims.