Sleep apnea Board decisions

The Board found that the Veteran's acquired psychiatric disorder and sleep apnea did not have onset during service or are otherwise related to his military service. The decision is mixed, with some issues granted (sleep apnea) and others denied (acquired psychiatric disorder).

The Board denied the Veteran's claim for service connection for sleep apnea, finding no indication in his treatment records that it may be due to or related to his active service.,Regarding Bochdalek's hernia, the Board found clear and unmistakable evidence demonstrating a pre-existing condition at entry into service. The Board also found clear and unmistakable evidence showing that the Veteran's pre-existing condition did not increase in disability during service.

The Veteran's lumbosacral strain and gunshot wound residuals, left thigh, Muscle Group XV, were evaluated at 20 percent and 10 percent respectively. The VA determined that these conditions did not warrant higher ratings based on the current evidence.

The Veteran's claims for increased evaluations of his right ankle strain, left ankle strain, right shoulder impingement syndrome, and lumbosacral strain prior to March 27, 2008 were denied as the evidence did not meet the criteria for a compensable evaluation.

The Board has remanded the case for further development, including an updated VA examination and additional medical evidence. The Veteran's service-connected pulmonary sarcoidosis is being evaluated for a disability evaluation greater than 30 percent.

The Board has determined that the appellant does not meet the criteria for increased DIC benefits based on need for regular aid and attendance or permanent housebound status.

The Board has determined that the Veteran's claim to reopen his service connection for degenerative changes of the lumbosacral spine with back and neck pain, secondary to residuals of a pilonidal cystectomy, was denied. The Veteran's claim for an increased rating for status-post excision of a pilonidal cyst with a cystectomy scar also resulted in denial.

The Veteran's DVT of the right lower extremity is currently rated at 10 percent, and this decision grants a 20 percent rating effective from the date of the claim.

The Veteran's claim for service connection for chronic bilateral hearing loss disability was denied. The VA granted service connection for lumbosacral spine disability and assigned a noncompensable evaluation, which was later increased to 10 percent effective October 16, 2006.

The Veteran's appeal is being remanded for a Board hearing at the RO.

The Board denied the Veteran's claims for increased ratings for her lumbosacral strain and stress fracture residuals, bilateral toes. The evidence did not meet the criteria for a rating in excess of 10 percent for the service-connected low back disorder or for a compensable rating for the service-connected toe fractures.

The Veteran's claims for service connection for various conditions, including diabetes mellitus type 2 and its secondary effects on other conditions, were denied as there was no evidence of in-service exposure to herbicides or direct service connection.

The Board denied the Veteran's claims for service connection for a skin disorder and lumbosacral spine disorder, finding that new evidence did not relate to an unestablished fact necessary to substantiate the claim. The Board also found no medical nexus between the current diagnoses and active duty service.

The Board denied service connection for hypertension and a higher evaluation for lumbosacral strain. The Veteran's hypertension did not have onset during active service or within one year of separation, and there is no evidence linking it to his service. For the lumbosacral strain, the Board found that the disability does not meet criteria for an increased rating as forward flexion was at least 40 degrees.

The Veteran's appeal has been dismissed due to his death during the pendency of the appeal.

The Board finds that the Veteran is not entitled to fee-basis surgical placement of an intrathecal pain pump, nor is she entitled any maintenance or medication refills for the pain pump currently implanted. Thus, the claim is denied.

The Veteran's claim for service connection for soft tissue sarcoma (leiomyosarcoma) as a result of exposure to herbicides was denied because there is no evidence that he actually set foot in the Republic of Vietnam during his military service. The Board found that presumptive service connection requires having actually set foot ashore in Vietnam, and since the Veteran did not do so, his claim cannot be granted.

The Board denied an earlier effective date for the grant of service connection for sleep apnea, finding that no new and material evidence was presented between January 1996 and September 30, 2002. The Veteran's claim was not considered final due to his failure to appeal the initial denial in 1996.

The Board has determined that the Veteran's lumbosacral strain warrants a 20 percent rating, which is higher than the current 10 percent assigned. The evidence shows limitation of lumbar motion and muscle spasms, but does not meet the criteria for a 40 percent evaluation due to lack of ankylosis or incapacitating episodes.