Sleep apnea Board decisions

The Board has determined that the Veteran's thoracic spine disability and lumbosacral strain with degenerative disc disease at L2-3 are not service-connected, and the current evaluation for the lumbosacral strain is appropriate.

The Veteran's claim for increased ratings for his service-connected lumbosacral strain is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's claim for an increased rating for lumbosacral strain with degenerative disc disease was denied. The claims for initial ratings in excess of 10 percent for radiculopathy of the right and left lower extremities were also denied.

The Board has determined that the Veteran's obstructive sleep apnea was not incurred in or aggravated by service and is not related to his service-connected postoperative residuals, herniated nucleus pulposus L5-S1. As a result, the claim for service connection is denied.

The Board found that the prior rating decisions denying service connection for lumbosacral spine disability were not clearly and unmistakably erroneous, and denied entitlement to an earlier effective date.

The VA Director of Compensation and Pension Service found an extraschedular rating warranted for the Veteran's service-connected traumatic arthritis of the lumbosacral spine, increasing the rating from 40 to 50 percent effective August 25, 1999.

The Veteran's low back disability is rated at 40 percent, and his sciatica of the right and left lower extremities are each rated at 10 percent. The Veteran also meets criteria for a TDIU due to service-connected disabilities.

The Veteran's appeal is being remanded for further development, including verification of service dates and obtaining additional medical opinions regarding his claimed conditions.

The Board found that the Veteran's current hearing loss, hypertension, sleep apnea, erectile dysfunction (ED), and gastro-esophageal reflux disease (GERD) were not incurred in or related to service. The claims for these conditions are therefore denied.

The Board has granted service connection for hypertension and cardiac hypertrophy as secondary to the Veteran's service-connected lumbar spine disability, a 100 percent schedular rating for unfavorable ankylosis of the entire spine, and special monthly compensation based on the need for regular aid and attendance. The other claims have been denied.

The Board has determined that the Veteran's sleep apnea did not manifest during or as a result of his military service, including his service in Southwest Asia. Therefore, he is not entitled to service connection for this condition.

The Veteran's claims for service connection were denied as there was insufficient evidence to verify his claimed in-service stressors, and the Board found that he did not engage in combat with the enemy. The lower extremity conditions are considered direct service connection cases.

The Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment, and therefore his claim for a total disability rating based on individual unemployability due to service-connected disabilities is denied.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence of chronic sinusitis, and the Veteran's left forearm shrapnel wound residuals did not meet criteria for a higher rating prior to June 27, 2008 or from that date forward. The right buttock cyst removal scar and left foot wart removal scars were not shown to be disabling enough to warrant compensable ratings. The lumbosacral spine disability was found to not warrant an increased rating.

The Veteran's appeal is being remanded due to inadequate medical opinions regarding the relationship between his service-connected left foot disability and his current right foot, back, and knee disorders.

The Board denied service connection for lumbosacral strain, cervical spine arthritis, and right knee arthritis as secondary to a service-connected disability.

The Board denied the Veteran's claim to reopen his service connection for retinitis pigmentosa, finding that new and material evidence had not been received.

The Veteran's service-connected lumbar spine disability is currently rated at 20 percent, and his cervical spine disability remains at a 10 percent rating. The Board found that the Veteran's lumbar spine disability warranted a higher rating based on limitation of motion.

The Veteran's claim for a higher rating for his service-connected low back disorder was denied. The Board found that the evidence did not support an evaluation in excess of 40 percent, as there were no findings of incapacitating episodes or ankylosis.

The Board has determined that the Veteran's claimed conditions are not related to his period of active military service, including exposure to Agent Orange. Service connection for all issues is denied.