Sleep apnea decisions — 2013

The Board denied the Veteran's claims for service connection for hypertension, lumbosacral strain with facet syndrome, varicosities and post-phlebitic syndrome of the right leg, varicosities and post-phlebitic syndrome of the left leg, and dermatitis.

The Veteran's TDIU claim is granted on an extraschedular basis due to his service-connected disabilities, including PTSD and cervical/lumbar spine disabilities.

The Board denied the Veteran's claim for an effective date prior to September 23, 2002 for a total rating based on individual unemployability (TDIU), finding that his service-connected disabilities did not meet the criteria for TDIU.

The Veteran's claims for service connection for chronic muscle aches and cramps (to include as due to an undiagnosed illness) and sleep apnea were denied. The Board found that the claimed conditions did not have their onset during any of his periods of active military service.

The Veteran's sleep apnea was not incurred in or aggravated by service, and it may not be presumed to have been incurred during service.,As the Veteran's claimed sleep degradation/deprivation/insomnia is already rated under his service-connected psychiatric disability, the appeal for service connection for this complaint is dismissed.,The criteria for an initial disability rating of 30 percent, but no more, for an acquired psychiatric disorder have been met throughout the appeal period.,The Veteran's right knee disability has not been productive of flexion less than 45 degrees, extension greater than zero, or lateral instability or subluxations; but it has been productive of less than full flexion and pain on motion throughout the appeal.,The criteria for an initial disability rating higher than 10 percent for migraine headaches have not been met at any time during the appeal period.,There being no justiciable case or controversy, the appeal for an initial disability rating higher than 50 percent for sinusitis beginning November 17, 2011, is dismissed.,There being no justiciable case or controversy, the appeal for an initial disability rating higher than 10 percent for allergic rhinitis beginning November 17, 2011, is dismissed.,The criteria for a rating of 50 percent for sinusitis from May 2, 2007, to November 17, 2011, are met; and the criteria for a rating of 10 percent, but no more, for allergic rhinitis from May 2, 2007, to November 17, 2011, are met.

The Board has granted service connection for obstructive sleep apnea and polycythemia, finding that the Veteran's conditions are more likely than not related to his active duty service.

The Board has determined that the Veteran's service-connected obstructive sleep apnea and hemorrhoids contributed to his fatal cardiopulmonary arrest, hemorrhagic shock, acute blood loss, anemia and intestinal bleeding. Therefore, service connection for the cause of the Veteran's death is granted.

The Veteran's initial claim for a low back disability was granted with an initial noncompensable evaluation effective December 1, 2008. The VA increased the evaluation to 20 percent beginning September 15, 2011, but did not go back to December 1, 2008. The Board found that the Veteran's low back disability met criteria for a 10% evaluation from December 1, 2008, to September 14, 2011, and denied any higher evaluations.

The Board has determined that additional development is needed to address the Veteran's claims, including consideration of old and new criteria for evaluating spine disabilities, as well as entitlement to an extraschedular evaluation and a total disability evaluation based on individual unemployability.

The Veteran's claims for increased ratings were denied as the evidence did not show that his conditions warranted a higher rating.

The Veteran's right knee DJD, status-post surgery with instability and residual scars is rated at 30 percent from April 10, 2010. His left knee DJD, status-post osteotomy with scars is rated at 10 percent from May 1, 2006 to April 9, 2010.

The Veteran requested withdrawal of his appeal for the issues of service connection for left shoulder, left biceps and cervical spine disorders. The Board dismissed these claims as a result.

The Veteran's claims for glaucoma, sinusitis, sleep apnea, diverticulitis, and chloracne were denied as there is no evidence of a current disability or a link to service.

The Veteran's service records do not show any diagnosis of sleep apnea, vertigo, chronic fatigue syndrome, pes planus, bilateral leg varicose veins, or residuals of traumatic brain injury. The Veteran has been diagnosed with insomnia and hemorrhoids since separation from service.

The Veteran's appeal for additional vocational rehabilitation services has been REMANDED due to the need to first address her claim for service connection for sleep apnea. The Vocational Rehabilitation and Employment Division will reconsider the issue of additional vocational rehabilitation services once the service connection matter is resolved.

The Veteran's claim for service connection for sleep apnea as secondary to her service-connected asthma is being remanded due to incomplete medical opinions and the need for additional examination.

The Veteran's appeal is denied. The Board finds that the effective date for the grant of service connection for right knee osteoarthritis cannot be earlier than May 5, 2008.

The Veteran's appeal regarding an earlier effective date for the grant of service connection for obstructive sleep apnea was not timely filed, and thus the Board lacks jurisdiction to consider this issue.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining SSA records and VA treatment records. The Veteran will also be provided an opportunity for a current VA examination regarding her service-connected lumbar strain and left ovarian cyst.

The Board denied the Veteran's claims of service connection for diabetes mellitus, hypertension, a bilateral eye disorder, a sleep disorder (claimed as sleep apnea), and bilateral hearing loss. The evidence did not support a finding that these conditions were incurred or aggravated by military service.