Sleep apnea Board decisions

The Board found that the Veteran does not have current sleep apnea and there is no evidence linking his military service to his current condition.

The Veteran's service-connected disabilities, including depressive disorder with psychotic features, sleep apnea, migraines, lumbar spine degenerative changes, right knee injuries, and hypertension, render him housebound or in need of aid and attendance. The case is REMANDED for further development.

The Veteran's degenerative disc disease has been manifested by some situational reduction in range of motion, but no evidence of forward flexion greater than 30 degrees or combined range of motion not greater than 120 degrees. There are no separately compensable neurological manifestations and there is no evidence of incapacitating episodes of intervertebral disc syndrome (IVDS) having a total duration of at least 2 weeks during a 12-month period.

The Board denied the Veteran's claims for increased evaluation of his lumbosacral spine disability and service connection for PTSD and depression. The Veteran's lumbar spine disability was rated at 40 percent, which is the maximum schedular rating available under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's claims for effective dates earlier than April 14, 2000 for the grants of service connection for sleep apnea syndrome and residuals of palate surgery (uvulopalatopharyngoplasty) have been granted. The effective date for sleep apnea syndrome is October 18, 1999, and for residuals of palate surgery it is February 22, 2000.

The Veteran's claims for higher ratings for his low back and left knee disabilities are being remanded due to the need for additional VA compensation examinations.

The Veteran's claims for service connection were denied as there was no evidence of a current disability or an in-service injury that could be linked to the claimed conditions. The Board also noted that the Veteran did not have a current diagnosis of eczema due to herbicide exposure, and his headaches were found to be related to PTSD.

The Board found no evidence to support a direct service connection for the Veteran's low back disability and bilateral foot disorders, concluding that they are not related to his military service or any service-connected conditions.

The Board found that the Veteran's current cervical and lumbar spine disability, along with associated upper and lower extremity sensorimotor peripheral neuropathy, are less likely than not related to his military service, specifically to paratrooping (repeated jumps) and parachuting injury in one incident.

The Veteran's claims for increased ratings were denied. The low back disability is currently rated at 20 percent, and the left upper extremity neuropathy is rated at 10 percent.

The Board has reopened the claim for service connection for a low back disorder and, based on new evidence submitted by the Veteran's VA physician, finds that his preexisting condition may have been aggravated during active duty. As such, service connection is granted.

The Board denied the Veteran's claims for PTSD and a lumbar spine disorder, finding no current diagnosis of either condition. The claim for PTSD was denied due to lack of evidence conforming to DSM-IV criteria. The claim for a lumbar spine disorder is remanded as there is insufficient information in the July 2006 VA examination report.

The Board has determined that the Veteran's current back disabilities, including arthritis and other conditions, are not related to service. The pre-existing idiopathic scoliosis did not increase in severity during service, and there is no evidence of a current disability for which service connection can be granted.

The Board found that the Veteran's obstructive sleep apnea is not related to his service-connected bilateral maxillary sinusitis and denied his claim for secondary service connection.

The Board found that the Veteran's mild degenerative joint and disc disease of the cervical spine did not have its onset in service, within one year of service, nor may it be presumed to have been incurred in service. The claim was denied.

The Veteran has withdrawn his appeals for an increased rating for spondylolisthesis, lumbosacral spine, L5-S1 with spondylolysis, L4 with IVDS; service connection for chondromalacia patella, right knee; and service connection for a right foot condition.

The Board finds that the Veteran's sleep apnea and narcolepsy were incurred in service, raising a reasonable doubt as to their etiology. The underlying disability associated with an irregular heartbeat is not shown, and there is no evidence linking the liver disorder to service.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for residuals of a left shoulder injury. The Veteran's lumbosacral spine disability is found to be related to his military service, with reasonable doubt resolved in favor of the Veteran.

The Board has granted service connection for left ankle osteochondral lesion of the talar dome, right great toe osteoarthritis, and degenerative disc disease of the lumbosacral spine as secondary to the Veteran's service-connected right knee disability.

The Board found that the Veteran's current DDD of the lumbosacral spine was not present in service or for many years thereafter, and is not related to service.