Sleep apnea Board decisions

The Veteran's PTSD has been rated at 30 percent throughout the appeal period, and his sleep apnea was not found to be related to active service.

The Board found that the Veteran's obstructive sleep apnea is not related to his service-connected bilateral maxillary sinusitis and thus denied his claim for secondary service connection.

The Veteran's appeal is being remanded due to the need for a personal hearing before a Veterans Law Judge at the RO in Houston, Texas.

The Board denied the Veteran's claims for service connection for asthma, cervical spine disorder, lumbar spine disorder, cardiovascular disorder, and obstructive sleep apnea. The evidence clearly showed that his pre-existing asthma existed prior to service and was not aggravated by active duty service. His cervical spine, lumbar spine, cardiovascular, and sleep disorders were not shown to have been incurred or aggravated during service.

The appellant's service-connected disabilities do not prevent him from obtaining substantially gainful employment.

The Veteran's claim for an initial disability rating in excess of 10 percent for lumbosacral strain, claimed as back pain, is being remanded due to the need for a VA examination and additional medical records.

The Board has determined that the Veteran's sleep apnea, COPD, hypertension, and CAD are not related to his military service. The claims for these conditions have been denied.

The Board denied the Veteran's claims for service connection for depression, sleep apnea, and reduced airway of the left nasal passage due to a lack of evidence showing these conditions were incurred during or aggravated by his military service.

The Veteran's service-connected disabilities, including lumbosacral disc disease at L5-S1 and post-surgical left knee injury, have resulted in the need for special adapted housing or adaptive equipment. The Veteran is also eligible for special monthly compensation based on his need for regular aid and attendance.

The Veteran's joint pain, obstructive sleep apnea, and night sweats are all found to be related to service. The Board granted the Veteran's claims for these conditions.

The Board has determined that the evidence is at least in equipoise regarding whether the Veteran's sleep apnea developed during service, and thus grants service connection for this condition.

The Veteran's anxiety disorder and sleep apnea were not found to be related to his military service, but rather secondary to other service-connected conditions. The claims for higher ratings on the remaining issues are also denied.

The Veteran's lumbosacral strain was found to cause moderate limitation of motion, but not severe enough for a higher rating. The current evaluation of 20 percent is maintained.

The Veteran's lumbosacral strain is currently rated at 20 percent, and the Board finds that this rating adequately reflects his disability throughout the appeal period.

The Veteran's degenerative joint disease of the left knee is found to be secondary to his service-connected left foot disorder. The Board finds that the Veteran's sleep apnea is not related to his service-connected residuals of a broken nose.

The Veteran's lumbosacral strain was rated at 10% prior to June 24, 2003 and increased to 20% effective June 24, 2003. A separate rating of 10% is granted for right lower extremity radiculopathy since October 6, 2008.

The Veteran's initial claim for a higher rating for his lumbosacral strain with degenerative changes was granted, but the current evaluation remains at 10 percent prior to September 30, 2004.,Effective January 7, 2009, the Veteran is now rated at 40 percent for his service-connected lumbosacral strain with degenerative changes.

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

The Board has denied the Veteran's claims of service connection for hypertension, coronary artery disease, fatigue, and sleep apnea as secondary to a deviated nasal septum. The claims for bilateral hearing loss, tinnitus, and left knee disability were also denied. The appeal regarding restoration of 10% disability evaluation for a bilateral deviated nasal septum was not addressed due to the issues being remanded.

The Veteran's claims for increased ratings and service connection were denied. The Veteran was granted service connection for hemorrhoids, but not for hearing loss in the right ear or skin condition.