Sleep apnea Board decisions

The Veteran's claims for increased ratings of PTSD and lumbosacral strain, as well as his service connection claim for deviated septum, are addressed in the REMAND portion of this decision.

The Veteran's benign paroxysmal positional vertigo, orthostatic hypotension, and sleep apnea are all found to be related to her military service. The Veteran is granted an initial compensable evaluation (10%) for TMJ disorder.

The Board has ordered additional development due to the need for National Guard service records and a supplemental opinion regarding the relationship between the Veteran's spine disabilities and his military service.

The Board found that the Veteran's service-connected degenerative disc disease did not cause or substantially contribute to his death, and thus denied the claim for service connection for the cause of his death.

The Board denied the Veteran's claims for service connection for lumbosacral disc disease and an increased rating for bilateral pes planus.

The Board has determined that the Veteran's lumbar spine disability is service-connected, but her knee and ankle disabilities are not. The evidence does not support a finding of service connection for these conditions.

The Veteran's service-connected disabilities reasonably result in his requiring assistance with a number of his activities of daily living (ADLs) such as bathing and dressing, and he requires care or assistance on a regular basis to protect himself from hazards or dangers incident to his daily environment. The Board finds that the evidence is at least in equipoise and supports a grant of special monthly compensation based on aid and attendance.

The Board denied the Veteran's claims for increased ratings and service connection, as well as his claim for a TDIU prior to February 7, 2009. The decision also remanded several issues related to the Veteran's back disability.

The Veteran's service-connected disabilities have precluded him from engaging in substantially gainful employment during the entire appellate period, without regard to age or impact of nonservice-connected disabilities.

The Board has ordered additional development to gather medical records and conduct examinations for the Veteran's service connection claims.

The Board has determined that the Veteran's degenerative disc disease of the lumbosacral spine is at least as likely as not causally or etiologically related to service, and thus grants service connection for this condition.

The Board found that the Veteran's low back disability, including degenerative disc disease of the lumbosacral spine, was not incurred in or aggravated by active service and may not be presumed to have been incurred in or aggravated by active service. The evidence did not support a finding of continuity of symptomatology following the in-service complaints as required for service connection pursuant to 38 C.F.R. § 3.303(b). Additionally, there was no competent medical evidence establishing that the Veteran's current low back disabilities are etiologically related to active service. The Board also found that the criteria for a total disability rating based on individual unemployability due to service-connected disability were not met.

The Veteran's appeal involves a request for an increased rating for his service-connected lumbosacral strain with scoliosis and radiculopathy. The case has been remanded to the RO due to the inextricably intertwined issue of whether a total disability rating based on individual unemployability (T/R) is warranted.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected depression with PTSD symptoms, resolving all reasonable doubt in favor of the Veteran.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim of service connection for liposarcoma. However, the claim remains denied as there is no credible evidence linking the liposarcoma or its residuals to active service.

The Veteran's left knee disability is rated at 10 percent, effective from the date of the decision. The Veteran's lumbosacral strain is rated at 20 percent, effective May 17, 2010.

The Veteran seeks service connection for sleep apnea, which he claims is related to his active duty service or his service-connected lumbosacral spine disability. The Board has ordered additional development of the record and a medical opinion.

The Veteran's lumbosacral strain, cervical degenerative disk disease, and right knee retropatellar pain syndrome with osteoarthritis were all rated at the lowest possible initial evaluation of 10 percent for each condition. The evaluations have not changed since their initial assignment in October 2005.

The Board has granted the Veteran's claims for service connection for sleep apnea, headaches and a fixed right pupil (residuals of CVA), as well as increased ratings for his lumbar and cervical spine disabilities. The appeals are now resolved in favor of the Veteran.

The Board found that the reduction of the Veteran's lumbar spine disability rating from 20 percent to 10 percent was not supported by evidence showing actual improvement in his condition, and thus it was improper.