Sleep apnea decisions — 2013

The Board denied the Veteran's claims for service connection for obesity and sleep apnea, finding that these conditions were not incurred or aggravated by active service and are not proximately due to a service-connected disability.

The Veteran's lumbar spine disability was evaluated at a 20 percent rating prior to July 23, 2010. The claim for an increased evaluation is granted.

The Veteran was granted an initial rating of 10 percent for depressive disorder. The effective date for the grant of service connection for sleep apnea is set at July 11, 2011.

The Board denied the claim for service connection for the cause of death, finding that there was no evidence linking any service-connected condition to the Veteran's death. The immediate cause of death was listed as bilateral pneumonia-mixed bacterial.

The Board has determined that the Veteran's current cervical, thoracic, and lumbosacral spine disorders are not related to his active service. The in-service motor vehicle accident did result in injuries but these were treated and resolved without chronic symptoms persisting post-service.

The Board denied service connection for COPD and Sleep Apnea, finding that the conditions did not begin during service or until many years after service, are not presumed to be related to in-service herbicide exposure, and were not caused or aggravated by the Veteran's service-connected type II diabetes.

The Veteran's disabilities of the cervical spine, lumbosacral spine, stomach, and left shoulder were not proximately due to or the result of VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA in furnishing reasonable care.

The Veteran's hypertension is rated as 10 percent disabling. The Board denied service connection for sleep apnea, finding that the claim was not properly raised and that there was no evidence linking the condition to service or a service-connected disability.

The Board has determined that the Veteran does not have a current disability for any of the claimed conditions and therefore, service connection cannot be granted.

The Veteran's death was caused by a retroperitoneal hemorrhage due to or as a consequence of a probable liposarcoma, which occurred while under VA care. The proximate cause of the Veteran's death was an unforeseeable event not reasonably foreseeable.

The Veteran's service-connected coronary artery disease status post bypass surgery associated with hypertension was granted an initial rating of 30 percent from February 18, 2004, to July 7, 2010, and a subsequent increased rating to 60 percent effective July 8, 2010.

The Veteran's claims for service connection for chronic respiratory disability, obstructive sleep apnea, and a chronic cardiac disability were denied. The Veteran was diagnosed with asthma in 2008 and obstructive sleep apnea in 2012, but there is no evidence of a chronic condition during service.

The Board found that the Veteran's current lumbar spine disorder is not related to his military service and denied his claim.

The Veteran's lumbosacral spine disability is rated at 40 percent, and the claim for a higher rating remains denied.,An effective date of September 24, 2005, has been granted for the grant of separate ratings for left and right lower extremity radiculopathy.,The Veteran's claims for increased ratings for his left and right lower extremity radiculopathy remain denied.,Evidence submitted to reopen the service connection claim for a psychiatric disability is considered new and material, but the preponderance of evidence does not support a finding that the Veteran has a current psychiatric disorder related to service or a service-connected disability.,The Veteran's total disability rating based on individual unemployability due to service-connected disability remains remanded.

The Veteran's osteoarthritis of the lumbosacral spine is currently rated at 10 percent, and does not meet the criteria for a higher rating based on the evidence provided.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to his inability to use braces, crutches, canes, or a wheelchair as a normal mode of locomotion.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new VA examination. The claim will be reviewed again based on the newly obtained evidence.

The evidence does not show that the Veteran's service-connected back disability is primarily manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; a combined range of thoracolumbar spine motion not greater than 120 degrees; or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour. The evidence also does not show that the Veteran experienced any incapacitating episodes having a total duration of at least 2 weeks but less than 4 weeks due to his back disability.

The Veteran's service-connected degenerative changes of the lumbosacral spine and cervical spine with disc herniation at C5-C6 and C6-C7 have been granted, but only a separate compensable rating for objective neurological abnormalities associated with the lumbosacral spine has been awarded. The cervical spine issue remains unresolved.

The Veteran's claim for higher ratings for his low back strain prior to April 7, 2009 and since that date was denied. He is currently rated at 40 percent for the condition.