Sleep apnea decisions — 2013

The Board denied the Veteran's request for an earlier effective date for a higher rating of his service-connected hypothyroidism with tachycardia and obesity, as the decision was final due to lack of disagreement with the initial assignment of the disability rating.

The Board has determined that additional development is necessary before the claim of service connection for sleep apnea can be adjudicated.

The Board has determined that the Veteran's obstructive sleep apnea originated during his active service and is therefore granted service connection.

The Veteran's elevated cholesterol level is a laboratory abnormality and not service-connected. The Board has remanded the issues of sleep apnea, skin disorder, umbilical hernia, and bilateral pedal edema for further examination and development.

The Board granted service connection for the cause of the Veteran's death due to presumed exposure to Agent Orange, but denied an earlier effective date as the claim was received after September 25, 1985.

The Board denied service connection for a lumbosacral spine disability and erectile dysfunction, and continued the current ratings for headaches (10%) and prostatitis (20%). The Veteran's claims for increased ratings were also denied.

The Veteran's claim for an increased rating for his low back disability was denied, and the Board found that he did not meet the criteria for a higher rating under the applicable diagnostic codes. The issue of entitlement to TDIU due to service-connected disabilities is remanded for further development.

The Veteran's lower back disorder, chronic rhinitis, trigeminal neuralgia, ear disorder (otitis), and respiratory disorder (asthma) are not service-connected.

The Veteran's back disability was rated at 40 percent prior to October 11, 2011 and increased to 60 percent thereafter. The appeal is for an increase in rating.

The Veteran's service-connected disabilities, including PTSD and lumbosacral strain, prevent him from securing or following a substantially gainful occupation.

The Board has determined that the Veteran's low back and knee disorders are not related to his military service.,There is no evidence of any chronic or persistent disability in these areas during or immediately following service.

The Veteran's lumbosacral strain was rated at 10 percent from May 27, 2007 to September 19, 2009. The right knee strain did not meet the criteria for a rating in excess of 10 percent.

The Board has remanded the Veteran's claims for additional development due to incomplete records and need for further examination.

The Board has granted service connection for sleep apnea, finding that it is proximately due to or the result of service-connected PTSD. The issues of service connection for memory loss and benign positional vertigo have been withdrawn by the Veteran.

The Veteran's claim for an increased evaluation of his lumbosacral strain was denied, and the Board found that he is not entitled to a higher rating based on the current evidence. The claim for TDIU prior to May 25, 2010, was also denied.

The Board found that the Veteran does not have a valid diagnosis of PTSD and his symptoms are more consistent with depression and anxiety. Therefore, service connection for an acquired psychiatric disorder (PTSD, Anxiety Disorder) and sleep apnea is denied.

The Veteran's claims for increased rating and service connection were granted. The claim for right leg pain was also granted.

The Veteran's original claim for sleep apnea was denied in January 2003 and again in February 2004. He sought to reopen the claim on March 18, 2008, which resulted in a grant of service connection effective from that date.

The Board has determined that a rating of 40 percent is warranted for the Veteran's service-connected chronic lumbosacral strain and degenerative disc disease of the lumbar spine since September 16, 2010. This decision is based on the evidence showing forward flexion limited to 30 degrees or less.

The Veteran's claim for right ear hearing loss was denied as there is no evidence of current right ear hearing loss or a nexus to service.,For the entire increased rating period under appeal, the Veteran's cognitive disability did not meet the criteria for an increased rating in excess of 50 percent.,For the entire increased rating period under appeal, the Veteran's seizure disability did not meet the criteria for an increased rating in excess of 20 percent.,For the increased rating period prior to August 22, 2011, the Veteran's degenerative joint disease of the lumbosacral spine did not meet the criteria for a compensable rating.,For the entire increased rating period under appeal, the Veteran's headaches met the criteria for a 10 percent rating based on symptomatology that is more nearly approximating characteristic prostrating attacks averaging one in two months over the course of several months.,For the initial rating period under appeal, the Veteran's degenerative changes of the right elbow did not meet the criteria for a compensable rating.,For the initial rating period under appeal, the Veteran's degenerative changes of the left elbow did not meet the criteria for a compensable rating.,For the initial rating period prior to April 1, 2011, the Veteran's degenerative arthritis of the left shoulder did not meet the criteria for a compensable rating. From April 1, 2011, the Veteran's degenerative arthritis of the left shoulder met the criteria for a 10 percent rating.