Sleep apnea decisions — 2012

The Veteran's claim for an increased rating for his service-connected spondylolisthesis of the lumbosacral spine was granted, with a 20 percent disability rating effective from April 23, 1991. The claim for TDIU prior to June 23, 2010, remains pending.

The Veteran's claims for increased ratings for her back and left knee disabilities were denied. Her right knee disability claim is pending.

The Veteran's claim for service connection for left lower extremity radiculopathy secondary to his service-connected lumbosacral strain was denied. His claim for an increased rating for lumbosacral strain was granted, with a current rating of 20%. The TDIU claim is pending.

The Veteran's service-connected lumbar disc disease with associated radiculopathy is currently rated at 20 percent, which is the maximum schedular rating available under Diagnostic Code 5242. The Board finds that a higher rating is not warranted as there is no evidence of unfavorable ankylosis or favorable ankylosis.

The Veteran's claim for service connection for degenerative disc disease of the cervical spine has been denied. The Board also found that there is no evidence to support an earlier effective date for the award of service connection for degenerative disc disease of the lumbosacral spine.

The Board found that the Veteran's current back disorders are not related to his military service and denied his claim.

The Board found that the Veteran's obstructive sleep apnea was not shown to be related to his service-connected coronary artery disease, and thus denied his claim for secondary service connection.

The Board has found that the Veteran is not entitled to service connection for sleep apnea as his current condition is not related to his active service. The appeal regarding recoupment of severance pay by withholding VA disability compensation benefits was also denied.

The Veteran's sleep disorder, specifically sleep apnea, was incurred during his military service and the Board has granted service connection for this condition.

The Board denied the Veteran's claims for service connection for chronic fatigue, skin rashes, gastrointestinal disability, and sleep apnea as due to an undiagnosed illness. The evidence did not support a link between these conditions and his military service.

The Board found that the Veteran's low back and bilateral knee disabilities are not service-connected, as there was no evidence of chronic symptoms or injury during service. The disabilities were also not shown to be caused by a service-connected condition.

The Veteran's appeal is being remanded for further development, including a VA examination and consideration of the evidence in light of revised rating criteria.

The Veteran's service-connected lumbosacral strain with degenerative disc disease is found to be the cause or aggravation of his left lower extremity neuropathy, right knee disability, cervical muscle strain, and carpal tunnel syndromes. Service connection for irritable bowel syndrome (IBS) has also been granted as secondary to service-connected disability.

The Veteran's hypertension was granted an initial 10% rating, effective May 1, 2007. Service connection for a deviated nasal septum and hearing loss in the left ear were denied. The Veteran's obstructive sleep apnea and bilateral foot disability claims are pending.

The Board found that the Veteran did not sustain an injury, disease, or event manifesting in sleep apnea during active service and that symptoms of sleep apnea have not been continuous since separation from service. Therefore, the claim for service connection for sleep apnea was denied.

The Board has determined that the Veteran's lumbar spine disability is as likely the result of his service, and thus grants service connection for a lumbar spine disability.

The Veteran's service-connected disabilities, including intervertebral disc syndrome, lumbosacral spine; residuals of a right shoulder injury; intervertebral disc syndrome, cervical spine; right arm radiculopathy as secondary to cervical spine associated with intervertebral disc syndrome, cervical spine; and headaches, prevent him from securing and maintaining substantially gainful employment.

The Board has granted the Veteran's claim for service connection for central sleep apnea with Cheyne Stokes respiration, secondary to his service-connected PTSD. The evidence is in equipoise as to whether the Veteran's sleep apnea is associated with his PTSD.

The Board has determined that further development is needed to determine if the Veteran's sleep apnea is related to his active service, and thus whether he should be granted service connection for this condition.

The Veteran's chronic lumbosacral strain was granted a disability evaluation of 40 percent, effective December 8, 2005 to August 13, 2007. The appeal for an increased rating is denied.