Sleep apnea Board decisions

The veteran withdrew his appeals for service connection for sleep apnea and increased evaluations for bilateral knee disabilities, focusing only on PTSD.

The veteran's lumbosacral strain does not meet the criteria for a disability rating higher than 20 percent.

The appeal for service connection for PTSD was denied as there is no competent medical evidence linking the veteran's PTSD to his military service. The appeal for sleep apnea was withdrawn by the appellant.

The Board denied the veteran's claim for service connection for sleep apnea as there was no competent medical evidence showing he had the condition. The appeal regarding diabetes mellitus, type II, is being remanded.

The veteran's lumbosacral strain and tinea versicolor do not meet the criteria for higher ratings at any time since August 7, 2003.

The Board denied a rating in excess of 40 percent for lumbosacral strain with herniated nucleus pulposus status post laminectomy and granted the veteran's withdrawal of his appeal regarding Bell's Palsy.

The veteran's lumbosacral strain was rated at 40 percent prior to September 26, 2003, but the rating was reduced to 20 percent on and after that date.

The veteran's lumbosacral strain was rated at 10 percent prior to September 8, 2008, and increased to 20 percent from that date. No initial compensable rating was granted for muscular degeneration of the left thigh.

The Board found that the reduction of the veteran's disability evaluation from 100 percent to 0 percent for residuals of myxoid liposarcoma of the right lateral thigh was proper, as there were no active or recurrent sarcomas and no evidence of impairment of function.

The Board granted service connection for obstructive sleep apnea and dismissed the appeal regarding an increased rating for osteoarthritis of the lumbar spine. The issue of entitlement to an increased rating for para-thyroid gland abnormality with hypocalcaemia and nephrolithiasis is remanded.

The veteran's obstructive sleep apnea was rated at 50 percent, and the claim for a total disability rating based on individual employability due to service-connected disability (TDIU) was denied.

The Board denied service connection for sleep apnea as the evidence did not support a finding that it was incurred in or aggravated by active military service.

The Board denied service connection for retinitis pigmentosa as there was no evidence of the condition manifesting during or being aggravated by active military service.

The veteran's claims for service connection and increased ratings were denied as the evidence did not support a finding of chronic lumbar strain, or an increase in severity of right knee, left knee, or left hand disorders.

The Board finds that the veteran's rheumatoid arthritis, including deformity of the hands, and sleep apnea are due to disease or injury incurred in active service.

The Board denied an initial rating higher than 20 percent for lumbosacral strain prior to November 19, 2002, and an initial rating higher than 40 percent from that date. For systemic lupus erythematous, the Board also denied an initial rating higher than 60 percent.

The appeal of the veteran's claim for an effective date prior to January 13, 2003 for additional compensation for a dependent child based on school attendance was denied.

The veteran's service-connected lumbosacral strain is manifested by limited range of motion, decreased endurance during repetitive range of motion, and pain; with no findings of ankylosis, radiculopathy, or neurological symptoms; and, with no evidence of incapacitating episodes having a total duration of at least 6 weeks during the past 12 months.

The appeal is remanded for additional development, including obtaining the veteran's VA treatment records and scheduling him for an additional VA spine examination.

The Board denied the veteran's claims for service connection for subacute peripheral neuropathy, emphysema/chronic obstructive pulmonary disease (COPD), and obstructive sleep apnea as they were not shown to be related to his active service or exposure to herbicides.