Sleep apnea Board decisions

The veteran's appeal is being remanded for additional procedural and evidentiary development, including notification under the VCAA and a medical examination to determine if his current asthma and allergic rhinitis were incurred or aggravated during active duty.

The Board has determined that the veteran's sleep apnea is not related to his military service and denied his claim.

The Board denied an increased rating for the veteran's service-connected lumbosacral strain, evaluating as 20 percent disabling.

The veteran's low back disability is rated at 20 percent, and his bilateral knee disabilities are each rated at 10 percent. The RO has granted the requested increased ratings.

The veteran's service-connected disabilities render him unable to secure or maintain substantially gainful employment, and the Board has granted a TDIU based on these conditions.

The Board denied service connection for basal cell carcinoma and osteosarcoma of the right femur, as well as an increased rating for bilateral hearing loss and a higher evaluation for bilateral tinnitus.

The veteran's claim for an increased rating for his service-connected compression fracture of the thoracic spine with degenerative joint disease and a history of lumbosacral strain is being remanded due to insufficient examination and potential need for additional evidence.

The VA denied the veteran's claims for increased ratings for lumbosacral strain, finding that his condition did not warrant a rating higher than 40 percent since May 24, 2004.

The veteran's claim for an increased rating for his service-connected left femur chondrosarcoma is being remanded due to the need for additional medical evidence and a new examination. The issue of whether he is entitled to a total disability rating based on individual unemployability (TDIU) has also been referred back to the RO.

The Board has determined that the veteran's sleep apnea is aggravated by his service-connected residuals of a nasal fracture, and thus grants service connection for this condition.

The VA determined that the veteran's lumbosacral strain with arthritis does not meet or approximate the criteria for a disability rating in excess of 20 percent.

The Board has determined that the veteran's service-connected lumbar spine disability is shown to manifest with moderate limitation of motion and grants an increased evaluation to 20 percent effective from the date of the claim (as no specific effective date was provided in the decision).

The veteran is service connected for prostate cancer, rated as 60 percent disabling. The RO has granted a TDIU based on this disability. However, the issue of service connection for degenerative disc disease of the lumbar spine remains pending and must be remanded.

The Board found that the veteran's service-connected syncopal attacks did not warrant a higher disability rating, and his claim for service connection of sleep apnea was denied as there is no medical evidence linking it to his active duty service.

The Board has determined that the veteran does not have PTSD and therefore denied service connection for this condition. The claims for disability of the lumbosacral spine and right knee are addressed in a separate remand.

The veteran's claims for initial ratings in excess of 10 percent for service-connected lumbosacral and thoracic strain are being remanded to obtain additional evidence, including updated medical records and a VA examination.

The Board has determined that the veteran's sleep apnea is related to his service-connected left nasal septum deviation, which resulted from an inservice broken nose. Service connection for a cervical spine disorder was denied as there is no evidence of such condition during service.

The Board has determined that the veteran's sleep apnea is related to his active military service and grants the claim for service connection.

The Board denied the veteran's claim for an earlier effective date of October 30, 2002 for the grant of service connection for spinal stenosis/degenerative joint disease, lumbosacral spine. The decision was based on the fact that no communication or submittal concerning back disability had been received between the 1981 denial and October 30, 2002.

The Board found that the veteran's lumbosacral strain is service-connected, but not his congenital defect of the L5 vertebra. Service connection for a lumbosacral strain was granted.