Sleep apnea decisions — 2013

The Board found that the Veteran's sleep apnea did not have its onset in service and is not related to his service-connected diabetes mellitus or post-traumatic stress disorder. Therefore, the claim for service connection was denied.

The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbosacral spine was granted, with a current evaluation of 40 percent effective June 14, 2013.

The Board has remanded the case due to the need for an additional VA medical opinion regarding whether the Veteran's sleep apnea is related to drug abuse during service.

The Veteran withdrew all appeals prior to the Board's decision.

The Board has determined that the Veteran had symptoms of obstructive sleep apnea and a right shoulder disability during service, and since service separation. The Board finds these conditions are incurred in service.

The Veteran's claim for a higher rating for lumbosacral strain from February 27, 2009 was denied. The appeal is also pending for total disability based upon individual unemployability.

The Board found that the Veteran's bilateral retinitis pigmentosa was clearly and unmistakably first manifested prior to service, and underwent no inservice increase in pathology beyond its natural progression. Therefore, the claim for service connection is denied.

The Board has determined that the Veteran's sleep apnea is service-connected, and he is granted a compensable rating of 20 percent for hemorrhoids. The initial ratings for his right knee and left knee disabilities are also granted at 30 percent each. For migraine headaches, an initial rating of 50 percent is granted.

The Veteran's current diagnosis of Obstructive Sleep Apnea has not been established, but he is service connected for residual scarring from UPPP. The Board finds the criteria for service connection have not been met for sleep apnea.

The Board found that the preponderance of evidence does not support a finding that the Veteran's obstructive sleep apnea was caused or aggravated by his service-connected restrictive lung disease, and thus denied the claim for service connection.

The Veteran's service-connected nasal fracture residuals are rated at 50% and continue to be productive of obstructive sleep apnea syndrome, necessitating the use of a CPAP machine.

The Board has determined that the Veteran's left lower extremity radiculopathy is a separate compensable rating, but no other neurological manifestations of his lumbosacral disc disease are separately rated.

The Board has remanded the case for additional development and adjudicative action due to a need for another VA examination.

The Veteran's claims for increased ratings for chondromalacia of the right and left knees were denied. However, his claim for increase in degenerative disc disease of the lumbosacral spine was granted with a rating of 20 percent effective April 12, 2011.

The Veteran's lumbosacral strain with degenerative disc disease was granted an initial disability evaluation of 20 percent, effective November 23, 2010.

The Veteran's varicocele is not shown to meet the criteria for a compensable evaluation, and his sleep apnea is not found to be related to service-connected hypertension.

The Board has determined that the Veteran's back and neck disabilities are not service-connected, as they are not shown to have been incurred or aggravated by his military service. The VA examiner concluded that it is less likely than not that these conditions were caused or aggravated by his service-connected left knee disability.

The Veteran's lumbar spine disability has not been productive of unfavorable ankylosis, and he already has separate service-connected disabilities for neuropathy of the lower extremities. The claim for a higher initial evaluation is denied.

The Veteran's appeal seeking an increased rating for a left thigh liposarcoma has been dismissed as the Veteran requested withdrawal of his appeal.

The Veteran's gout in the feet was first manifested during active duty service and is presumed to have been incurred therein. Service connection for hypertension, GERD, a disability of the upper bilateral extremities, and sleep apnea are all granted.