Sleep apnea decisions — 2014

The Veteran's service-connected low back disability is rated at 20 percent, effective January 1, 1998. The claim for TDIU prior to June 10, 2013, was granted.

The Veteran's claim for a higher rating for his service-connected lumbosacral strain was denied as the evidence did not meet the criteria for an evaluation in excess of 10 percent.

The Veteran's service connection for tardive dyskinesia has been granted.,Service connection for left eye twitching is also established.

The Veteran has been diagnosed with Obstructive Sleep Apnea (OSA) and the Board finds that this condition had its onset during his active service. The Board grants service connection for OSA.

The Veteran's sleep apnea is aggravated by service-connected sinusitis and rhinitis, and he is granted a maximum 50 percent rating for his chronic maxillary sinusitis. The Veteran's coccydynia is rated at the maximum allowable under Diagnostic Code 5298 due to painful residuals of removal of the coccyx. His GERD claim was not addressed in this decision.

The Board has determined that the Veteran's sleep apnea is not caused or aggravated by his service-connected low back disability, and thus denied his claim for service connection.

The Board has determined that the Veteran's sleep apnea was not incurred in or caused by his military service and denied his claim for service connection. The increased rating claims for sensory deficit of the right thigh and low back disability were also denied.

The Board has determined that the Veteran's lumbosacral spine disability, hypertension, and gastrointestinal disability are not related to active service or any incident of service.

The Board has reopened the Veteran's claim for service connection for a back disability and granted it. The claims for hypertension, left knee disability, right knee disability, residuals of malaria, and arthritis (secondary to shell fragment wounds) are also granted.

The Board has determined that further development is needed, including additional examinations and opinions, to properly adjudicate the Veteran's claims for an increased evaluation for anxiety disorder and TDIU.

The Board has determined that the Veteran's sleep apnea is related to his active duty service and grants entitlement to service connection for this condition.

The Veteran's claim to reopen service connection for defective vision in the right eye was denied as new and material evidence had not been received. The Veteran's claim for an increased evaluation of his chronic lumbosacral strain was also denied.

The Veteran's claims for service connection for fibromyalgia, sleep apnea, a skin disorder, and a GI disorder other than GERD or IBS have all been denied as there is no current diagnosis of these conditions.

The Board has determined that the Veteran's sleep apnea is related to service, and thus granted service connection for this condition. The issue of hypertension will be remanded as requested by the Board.

The Veteran's service-connected disabilities, including cervical spine and hand conditions, prevent him from securing and following substantially gainful employment.

The Veteran's claims for Bell's palsy, hypertension, fibromyalgia, sleep apnea, hearing loss, bilateral knee arthritis, and gout were all denied as the conditions are not shown to have developed during active service or due to an established event, injury, or disease.

The RO has discontinued the 100 percent rating for residuals of a liposarcoma of the spermatic cord and assigned a noncompensable rating effective October 1, 2009. The Veteran's condition is rated based on residuals of a malignant neoplasm of the genitourinary system.

The Veteran's PTSD was rated at 50 percent prior to July 27, 2011. The Board found that the disability did not meet the criteria for a higher rating due to occupational and social impairment with deficiencies in most areas. TDIU was granted for the period between June 1, 2011 and July 26, 2011.

The Board has remanded the case for further development, including obtaining medical records and scheduling examinations to determine the nature and etiology of sleep apnea and the current severity of left maxillary sinusitis with postoperative retention cyst resection.

The Veteran's son is not eligible for Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) benefits because the Veteran has not been adjudicated to have a permanent and total disability.