Sleep apnea Board decisions

The Veteran's appeals for higher initial ratings for posttraumatic headaches, hypertension, and low back strain have been dismissed as the Veteran has indicated satisfaction with the current ratings.,The Veteran's appeal of service connection for sleep apnea has been granted.

The Board has granted service connection for lumbosacral strain and denied service connection for degenerative disc disease of the lumbar spine status post laminectomy. The right ankle disorder (claimed as Achilles tendonitis) is not currently addressed in this decision.

The Veteran's lumbosacral degenerative disc disease has been rated at 10 percent since August 2, 2005. From January 8, 2007, he was granted service connection for right lower extremity radiculopathy and pain as secondary to his service-connected lumbosacral condition.

The Veteran's appeal has been withdrawn by the appellant through his authorized representative before the Board could issue a decision.

The Board denied the Veteran's request to reopen his claim for service connection for lumbosacral strain, finding that no new and material evidence had been submitted.

The Veteran's lumbosacral strain is rated at 20 percent, and his tinea versicolor is rated at 10 percent prior to October 24, 2008, and 30 percent thereafter. The Veteran does not meet the criteria for a higher rating under any applicable diagnostic codes.

The Veteran's depressive disorder has been granted a 100% rating, effective from the date of his claim. The Board also found that he is entitled to service connection for syncope and collapse, rhinitis, acute bronchitis, upper respiratory infection, sleep apnea, and dermatomycosis with pruritus due to undiagnosed illnesses.

The Board has determined that there is competent and credible evidence showing the existence of a current disability (obstructive sleep apnea) and in-service incurrence or aggravation of a disease (sleep apnea), as well as a causal relationship between the current disability and a disease incurred during service. The Veteran's symptoms have been noted since his return from Afghanistan, and he has used a CPAP machine for treatment since his October 2007 sleep study was positive for apneic episodes.

The Board found no evidence of negligence or lack of skill in the treatment provided by VA, and thus denied compensation under 38 U.S.C.A. § 1151 for OSA, hypertension, unstable angina, and cardiomyopathy.

The Board has determined that the Veteran's death, caused by respiratory failure due to pulmonary fibrosis, was associated with his service-connected PTSD. The claim for service connection for cause of death is granted.

The Board found that the Veteran's back disability is not related to his active service and denied his claim for service connection.

The Board has determined that the Veteran's claimed conditions, including lumbosacral strain, thoracolumbar strain with levoscoliosis, degenerative spondylosis at T10-11, sacral strain with left sacral torsion, bilateral sciatica, and bladder incontinence, are not service-connected.

The Veteran's appeal is being remanded for a new hearing before a Veterans Law Judge at the RO.

The Veteran's claims for increased ratings were denied as there was no evidence of more than the currently assigned ratings for his service-connected conditions.

The Board has found that the Veteran's current low back disorder is related to his active duty service and granted service connection for lumbosacral strain. The claim for chronic migraine headaches remains pending.

The Board has remanded the claims for an effective date before January 12, 2000 for a 60% rating for lumbosacral strain with degenerative joint disease and for service connection of depression.

The Board found that the appellant currently suffers from obstructive sleep apnea, but there is no evidence to support a finding that this condition was incurred or aggravated by his time in active duty service. As such, the claim for service connection has been denied.

The Board has remanded the case for further action due to issues related to obstructive sleep apnea and right mandible fracture.

The Veteran is seeking service connection for a chronic lumbosacral spine disorder and increased evaluations for her right knee and left knee chondromalacia patella. She also seeks entitlement to TDIU based on her service-connected disabilities. The case is being remanded due to the need for additional development, including obtaining relevant medical records and scheduling VA examinations.

The Veteran's appeal is being remanded for additional development, including obtaining an opinion regarding the relationship between sleep apnea and PTSD, as well as a determination of whether the Veteran can maintain substantially gainful employment due to his service-connected disabilities.