Sleep apnea Board decisions

The Board has determined that the Veteran does not have a current disability related to loss of use of either hand, bilateral knee disorder, low back disorder, respiratory disorder (sinusitis), or sleep apnea. The claim for service connection for an acquired psychiatric disorder is denied as there is no competent medical evidence showing such a condition was incurred in service.

The Veteran's service-connected intervertebral disc disease of the lumbosacral spine is currently rated at 40 percent, and he meets the schedular criteria for a TDIU based on his combined disability rating.

The Veteran's low back disability was rated at 10 percent prior to November 4, 2006 and at 20 percent from that date. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board found that the Veteran's unsatisfactory conduct and cooperation in developing a rehabilitation plan, coupled with lack of mitigating circumstances, justified discontinuing his vocational rehabilitation benefits under Chapter 31.

The Veteran's sleep apnea is being remanded for further examination and opinion to determine if it had its onset in service or is related to service.

The Veteran has withdrawn his appeal for increased rating of lumbosacral arthritis and service connection for cervical spine arthritis. The Board is dismissing these claims.

The Veteran's claims for increased ratings and reopening of a claim were denied. The Board found that the Veteran did not meet the schedular requirements for an increased rating for his cervical spine disability prior to August 16, 2007 or after that date. For his lumbosacral spine disability, he was granted a 10% rating. His claim of service connection for stinging, burning, and ringing of the ears (undiagnosed illness) was denied as new evidence did not warrant reopening the claim. The Veteran's TDIU claim was also denied.

The Veteran's service-connected lumbosacral strain with mild to minimal broad-based disc bulge at L4-5 and L5-S1 is currently evaluated as 20 percent disabling. The Board found that the criteria for an evaluation in excess of 20 percent have not been met.

The Board has determined that new and material evidence has been submitted to reopen the appellant's claim for service connection for retinitis pigmentosa, a current diagnosed condition. The private medical opinion linking the appellant's current condition to his military service is considered sufficient to establish service connection.

The Veteran's claim for an increased rating for his lumbosacral spine disability is being remanded due to the need for a new VA examination and additional development of medical records.

The Board has determined that the Veteran's sleep apnea is caused by his service-connected left knee disability and requires a CPAP machine, warranting a 50% rating.

The Veteran's service-connected low back disability, even considering his complaints of pain, did not meet the criteria for a higher rating as it did not result in forward flexion of the thoracolumbar spine at or below 30 degrees, nor was there evidence of favorable ankylosis. The Board found that the current 20% rating adequately reflects the Veteran's disability.

The Veteran's service connection claim for a respiratory disability, to include sleep apnea, was denied as there is no evidence of a chronic condition during or after service and the medical opinion found no link between his current sleep apnea and military service.

The Board has granted service connection for hypertension and denied service connection for a right lower extremity disorder (claimed as the residuals of a fracture of the right tibia and femur) and lumbosacral strain, finding in favor of the Veteran on both hypertension and lumbosacral strain claims.

The Veteran's current degenerative joint disease of the lumbar spine is service-connected. The Board also granted service connection for cellulitis, otitis media, tinnitus, nasopharyngeal cancer (claimed as throat cancer), and diabetes mellitus.

The Board has determined that there is a need for further VA examination and development of evidence to determine if the Veteran's current skin conditions are related to his in-service sun exposure or treatment for a skin condition.

The Veteran's appeal is being remanded for further examination and consideration of his claims, including a spine disorder and a left knee disorder.

The Veteran's claims for PTSD, bilateral carpal tunnel syndrome, and sleep apnea are granted. The claim of residuals of a right ankle injury is reopened but the issue remains pending as new evidence has been submitted.

The Board has remanded the case for additional development due to a lack of evidence regarding whether the Veteran's low back disability is related to service.

The Veteran's combined disability rating is 80%, but his service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.