Sleep apnea Board decisions

The Veteran's claim for an effective date prior to August 10, 2009, for the grant of a 50 percent disability rating for obstructive sleep apnea has been denied as there is no medical evidence to establish a higher rating prior to that date.

The Board has determined that the Veteran's hypertension, hepatitis, and obstructive sleep apnea are not service-connected as secondary to his diabetes mellitus. The claims for these conditions have been denied.

The Board has determined that the Veteran's right ear hearing loss, lumbosacral spine disability, and chondromalacia of the right patella are all service-connected.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for hypertension. The Veteran's hypertension is found to be incurred in active military service.

The Board denied the Veteran's claims for service connection for various conditions, including GERD and residuals of gallbladder removal. The evidence did not establish a link between these conditions and active service.

The Veteran's service-connected lumbosacral strain with degenerative disc disease is currently rated at 40 percent, which corresponds to the criteria for a 40 percent evaluation under Diagnostic Code 5243. The disability picture does not meet or approximate the criteria for an evaluation in excess of 40 percent.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Veteran's lumbosacral herniated nucleus pulposus and cervical spine injury are currently rated at 40 percent, with a separate grant of service connection for right lower extremity radiculopathy and pain as secondary to the lumbosacral HNP. The claim is granted.

The Veteran's claims for service connection for Rosai Dorman disease with destruction of the left elbow and bilateral ankle disability were denied as there is no evidence that these conditions are related to his military service.

The Board has granted service connection for PTSD, depression and major depressive disorder, and sleep apnea as secondary to service-connected disabilities. The Veteran's claims for GERD are also addressed.

The Board has determined that the Veteran's obstructive sleep apnea is due to his service-connected PTSD and grants this claim.

The Veteran's paravertebral muscle spasm, right dorsal area has been rated at 10 percent since July 1974. The issue of entitlement to a TDIU was withdrawn by the Veteran prior to the Board decision.

The Veteran's lumbosacral strain with Schmorl's nodes is currently rated at 20 percent effective February 2, 2010.,The Veteran's right shoulder impingement syndrome is currently rated at 10 percent effective February 2, 2010.

The Board has determined that the Veteran's service-connected lumbosacral strain warrants a 10 percent rating, effective from September 2007.

The Board has determined that the Veteran's sleep apnea began during his military service and grants the claim for service connection.

The Board is remanding the Veteran's claims for tinnitus and low back disorder due to further development being required, including obtaining additional medical records and providing a VA examination.

The Veteran's low back and bilateral hip disabilities are not service-connected as they do not have a direct relationship to his military service. The Board finds that the current conditions are not related to any service-connected condition.

The RO reduced the Veteran's disability rating for lumbosacral strain with degenerative joint and disc changes from 40 percent to 20 percent, effective April 1, 2007, to June 23, 2009. The reduction was denied.

The Veteran's appeal is remanded due to the need for a VA examination to determine if his current sleep apnea was incurred during service.

The Board has determined that the Veteran's back disability and bilateral hearing loss are not related to his active service, and thus denied these claims.