Sleep apnea decisions — 2012

The Board denied service connection for sleep apnea and right ear hearing loss, finding no evidence of onset during or within one year after service. The Veteran's PTSD was also found not to warrant an increased rating.

The Board has remanded the case for further development and readjudication, including consideration of a higher rating under the pre-September 2002 criteria for IVDS (previously Code 5293). The effective date for neurological manifestations is also to be reviewed in light of retroactive service connection.

The Board has determined that the Veteran's sleep apnea is related to service, as evidenced by his in-service symptoms and the close proximity of his diagnosis shortly after discharge.

The Veteran's obstructive sleep apnea is found to be related to his military service, and the claim for service connection is granted.

The Veteran's lumbosacral strain is currently rated at 40 percent, but the Board finds that this rating is not warranted based on the evidence of record.

The Board has determined that the Veteran does not have a left shoulder disability that is attributable to military service or to a service-connected disability. The criteria for an evaluation in excess of 20 percent for recurrent dislocation, right shoulder, have not been met.

The Veteran has been diagnosed with sleep apnea and an arthritic condition, both of which are related to his military service.,Service connection is granted for the Veteran's sleep apnea and arthritic conditions. The heart condition issue remains in equipoise.

The Veteran's lumbosacral strain has been rated at 20 percent since February 8, 2000. The Board found that the disability does not warrant a higher rating as there is no evidence of severe limitation of motion or ankylosis.

The Board has determined that the Veteran's degenerative disc disease of the lumbosacral spine and left lower extremity radiculopathy are not related to service, and therefore denied his claims for service connection.

The Board has determined that the Veteran is entitled to a 40 percent rating for his service-connected lumbar spine disability, effective from March 8, 1994. The cervical spine disability was rated at 30 percent since February 2, 2006.

The Board denied the Veteran's petition to reopen his claim for service connection for a lumbosacral strain with spina bifida occulta due to lack of new and material evidence.

The Veteran's appeal is being remanded for a videoconference hearing before the Board of Veterans' Appeals.

The Board has granted service connection for various conditions including bilateral foot disabilities, left and right hip/knee disabilities, rhinitis, chronic sinusitis, residuals of a nasal fracture (including deviated septum), sleep apnea, and chronic folliculitis. The Veteran's hearing loss is also service connected.

The Veteran's claim for special monthly pension based on housebound status or permanent need for regular aid and attendance has been remanded due to an inadequate examination. The case will be readjudicated after a new VA examination is conducted.

The Board has reopened the claim and granted service connection for sleep apnea, finding that it first manifested during active duty service.

The Board has determined that the Veteran developed obstructive sleep apnea as a result of his military service and grants service connection for this condition. The issue regarding restless leg syndrome is addressed in the REMAND portion of the decision.

The Veteran's claims for sleep apnea, anxiety, bilateral lower extremity neuropathy, and hypertension were denied as there is no competent medical evidence showing current diagnoses of these conditions during the appeal period. The Board found that the post-service records do not show a diagnosis or treatment for any of these disabilities until many years after service.

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

The Veteran's sleep apnea, hemorrhoids and anal fissures, and postoperative impingement syndrome with osteophytes of the right shoulder have been granted service connection. The Veteran is currently rated at 30% for his postoperative impingement syndrome with osteophytes of the right shoulder.

The Board denied the Veteran's claim for service connection for hepatitis C, finding that no new and material evidence had been received. The issue of special monthly pension based on need for regular aid and attendance was also addressed but the Veteran did not meet the criteria as he required assistance with daily activities due to his physical conditions but was not bedridden or hospitalized.