Sleep apnea Board decisions

The Board has determined that the Veteran's sleep apnea and hypertension are not proximately due to or the result of his service-connected residuals of a nasal fracture.

The Board has reopened the Veteran's claim for service connection for obstructive sleep apnea (OSA) and found that he is unemployable due to his service-connected obstructive lung disease. The remaining claims of entitlement to service connection for hypertension, diabetes mellitus, and TDIU are being remanded for further development.

The Veteran's claims for increased ratings and an earlier effective date were denied. The November 1997 rating decision was not found to be clearly and unmistakably erroneous.

The Board denied the Veteran's claims for service connection and secondary service connection, finding no current diagnosis of diabetic nephropathy or other claimed conditions. The rating for diabetes mellitus with erectile dysfunction was also denied.

The Veteran's claims for increased ratings for lumbosacral strain and radiculopathy of the left lower extremity were denied. The Board found that the evidence did not meet the criteria for a disability rating in excess of 10 percent for lumbosacral strain prior to March 1, 2007 or from March 1, 2007 through November 2, 2008, and denied his claim for increased ratings. The Veteran's radiculopathy was rated at a 10 percent disability rating effective as of June 1, 2009.

The Veteran's service-connected narcolepsy with sleep apnea is granted a 30 percent evaluation effective November 21, 2005 and a 50 percent evaluation beginning March 1, 2006.

The Board has granted service connection for PTSD and determined that the Veteran's sleep apnea is secondary to her service-connected PTSD. The decision also reopened her claim for PTSD.

The appellant's claim for an increased evaluation for his service-connected degenerative arthritis of the lumbosacral spine is being remanded due to the need for a comprehensive VA examination and compliance with Vazquez-Flores v. Peake, 22 Vet. App. 37 (2008).

The Veteran's service-connected disabilities do not prevent him from obtaining and retaining employment consistent with his abilities, aptitudes, and interests. As the effects of an employability impairment have been overcome, he does not have an employment handicap.

The Veteran's sleep disorder is a direct result of his service-connected DDD C5-7, cervical spine and mild DDD L3-4 and L5-S1, lumbar spine. The Board finds that the evidence is in relative equipoise as to whether this condition was caused by or aggravated by his military service.

The Board has determined that the Veteran's service-connected disabilities do not combine to preclude substantially gainful employment, and therefore denied all increased rating claims.

The Board has remanded the case due to incomplete records from Social Security Administration (SSA). The appellant's disability benefits were awarded for paranoid schizophrenia and other functional psychotic disorders, but no medical records are available.

The Veteran's claims for increased evaluations for lumbosacral myositis and major depression disorder were denied. The RO continued the current ratings under revised criteria.

The Veteran's service-connected lumbosacral strain with degenerative changes is currently rated at 20 percent, and the Board has determined that a higher rating of 40 percent is warranted.

The Veteran's appeal is being remanded due to the submission of new documents by the Veteran, and further development is needed before a decision can be made.

The Veteran's claim for an increased rating for post-operative residuals of a stab wound of the neck was granted, with a current evaluation of 30 percent. The separate compensable ratings for muscle injury and left upper extremity disability were denied. The lumbosacral fasciitis rating remained at 10 percent.

The Board has reopened the Veteran's claim for service connection for a low back disorder, including myositis of the dorsal spine and degenerative disc disease (DDD) of the lumbosacral spine. However, the Board denied this claim as there is no probative evidence linking the current low back disorder to service.

The Veteran's hypertension is granted service connection, and the Board also remanded for further examination of his low back, right hand, and right knee disabilities. Service connection was not granted for PTSD.

The Veteran's claims for service connection for tinnitus, right shoulder bursitis, and lumbosacral strain have been granted. The Veteran is now rated at a 10% disability rating for his right shoulder bursitis and a 10% disability rating for his lumbosacral strain.

The Board has reopened the claim of service connection for a low back disability and granted service connection for 50% of the Veteran's disability due to lumbosacral disc disease as secondary to his service-connected left knee disability.