Sleep apnea decisions — 2012

The Veteran's diabetes mellitus, peripheral neuropathy of the upper and lower extremities, and sleep apnea were not shown to be related to his military service. The Board found that he did not have a current eye disability.

The Veteran's appeal is being remanded for additional development, including obtaining clarification of the VA examiner's opinion regarding his hearing loss and providing a VA examination to determine the nature and etiology of his obstructive sleep apnea.

The Board has determined that the Veteran's bilateral tinnitus and sleep apnea began during active duty service, and thus grants service connection for both conditions.

The Veteran's appeal has been withdrawn by the appellant and his authorized representative.

The Veteran's lumbar strain is currently rated at 20% effective September 14, 2007. This decision grants a higher rating for his service-connected lumbar strain.

The Board denied service connection for the cause of the Veteran's death due to cardiovascular or lung disorder, as there was no evidence linking these conditions to his service, including exposure to herbicide agents.

The Veteran's claims for increased ratings for lumbosacral strain were denied. The RO continued the current rating of 20 percent prior to June 28, 2005 and increased it to 40 percent effective June 28, 2005. A further increase to 50 percent was granted from December 1, 2011.

The Veteran is seeking TDIU and service connection for a psychiatric disorder secondary to his service-connected sleep apnea. The case has been remanded due to the need for additional development, including issuance of a statement of the case on service connection for a psychiatric disability.

The Board denied the Veteran's claim for service connection for a back disorder, finding that her Scheuermann's kyphosis and/or defect of the posterior elements of S1 pre-existed service. The other back disorders were not shown to have been incurred or aggravated during service.

The Veteran's claim for sleep apnea is being remanded due to the need for a VA examination and further development of his service connection claim.

The Veteran's service-connected thoracic and lumbar spondylosis and lumbosacral degenerative disk disease does not meet the criteria for a higher rating as it does not result in forward flexion of the thoracolumbar spine 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months.

The Veteran's claim for an increased disability rating in excess of 10 percent for lumbosacral strain with degenerative changes is being remanded due to the need for further examination and clarification of his service-connected condition.

The Veteran's service-connected lumbosacral degenerative disc disease and facet hypertrophy are currently rated at 10 percent, effective December 21, 2009. The RO has not granted a higher initial evaluation for these conditions.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for retinitis pigmentosa. The Veteran's current contention, along with lay statements from friends and family members, suggests that his retinitis pigmentosa manifested during service or preexisted but was aggravated by service.

The Veteran's service-connected lumbosacral strain is currently rated at 30 percent, but the Board finds that a higher rating is not warranted as his symptoms do not meet or approximate the criteria for a disability rating in excess of 30 percent.

The Board has determined that the Veteran's COPD and sleep apnea are as likely as not related to his military service, granting both claims for service connection.

The Veteran's service-connected lumbosacral tri-level disc derangement is currently rated at 20 percent, which is the maximum schedular rating available for this condition. The Veteran's neurological manifestations of the lumbar spine disability are separately evaluated and his chronic rhinitis is assigned a non-compensable rating.

The Board finds that the Veteran's current Obstructive Sleep Apnea (OSA) is related to his active duty service, and grants service connection for OSA.

The Veteran's claims for service connection for sleep apnea, stomach problems, low back pain, and jungle rot in the ears were denied as there is no evidence of a current disability related to military service.

The Veteran incurred unauthorized medical expenses at Memorial Hospital for treatment of a spinal abscess and osteomyelitis. The VA determined that payment was not warranted due to the availability of VA facilities, which were feasible and available.