Sleep apnea Board decisions

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.

The Board has determined that the Veteran's sleep disorder, including sleep apnea and narcolepsy, did not manifest during service or within one year of discharge. The medical evidence does not support a link between his in-service symptoms and current conditions.,There is no evidence showing that the Veteran's low back disability was present during service or within one year after discharge. The Board finds that secondary service connection for the low back disability due to sleep apnea cannot be established.

The Veteran's appeal is being remanded for a Travel Board hearing. Service connection will be decided on the merits without any presumption, exposure basis, or secondary conditions.

The Veteran's right ear hearing loss meets the criteria for a service-connected disability.,Chronic back pain in service and post-service symptoms support service connection for low back degenerative joint disease.,There is no credible evidence of a traumatic brain injury related to service, nor any current diagnosis. Service connection is denied.,The Veteran's currently diagnosed sleep apnea is not related to service.

The Veteran's lumbosacral strain is currently rated at 20 percent, and a separate 10 percent evaluation for associated incomplete paralysis of the sciatic nerves of the lower extremities has been granted. The claim for an increased rating for his lumbosacral strain remains unresolved.

The Board found that the Veteran's low back disorder is not etiologically related to his military service and denied his claim.

The Board has granted service connection for obstructive sleep apnea, finding that the Veteran's symptoms began during active duty and resolving all doubt in his favor.

The Veteran's right shoulder bursitis is currently rated at 10 percent, the maximum schedular rating available under Diagnostic Code 5201. The appeal for a higher disability rating for his service-connected right shoulder bursitis has been granted.