Sleep apnea decisions — 2009

The Veteran's appeal is remanded due to missing VA medical records and the need for a new VA examination to assess his current neurologic disability associated with his service-connected low back disability.

The Board found that the Veteran's obstructive sleep apnea was not incurred in or aggravated by active service and denied his claim.

The Veteran's lumbosacral spine disability is currently rated at 20 percent, which corresponds to moderate limitation of motion. The claim for increased rating has been granted.

The Veteran's lumbosacral spine disability is currently rated at 10 percent and the Board has determined that a 20 percent rating is warranted based on current symptoms.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of entitlement to service connection for a psychiatric disability, including PTSD. The case is now remanded for further development.

The Veteran's service-connected chronic lumbosacral strain was manifested by some painful limitation of motion and complaints of weakness, but did not meet the criteria for a higher rating under Diagnostic Code 5237. The evidence does not support an initial disability rating in excess of 10 percent during the period prior to April 7, 2008.

The Veteran's lumbosacral strain has been rated at 40 percent, the highest possible rating under VA guidelines. The decision also granted service connection for diabetes mellitus.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a VA examination to determine if his current diagnosis of sleep apnea is related to his period of active service.

The Board denied the Veteran's claims for service connection for a right shoulder disorder, sleep apnea, and hypertension. The Board found that these conditions were not related to service or service-connected disabilities.

The Veteran's appeal is being remanded for further development to determine the current level of disability due to his service-connected lumbosacral strain and to identify the etiology of his peripheral neuropathy.

The Veteran's claim for an increased rating for lumbosacral strain was denied, and his TDIU claim was also denied as his service-connected disabilities do not preclude him from securing or following substantially gainful occupation.

The Veteran's claims for service connection for various conditions, including those related to exposure to herbicides (Agent Orange), were denied as there is no medical evidence of current diagnoses or a link between the claimed conditions and his military service.

The Veteran's service-connected degenerative changes of the thoracic and lumbosacral spine have been rated at 40 percent, which is in excess of his current rating.

The Board has determined that the Veteran's current low back disability, diagnosed as DDD of the lumbosacral spine with facet arthropathy and L4-L5 HNP, did not have its onset during active military service.

The Board has granted service connection for a low back disability as secondary to the Veteran's service-connected gunshot wound of the left foot. The issue of entitlement to an increased rating for the gunshot wound remains pending and will be remanded.

The Board has remanded the case for further development regarding service connection for a lumbosacral spine disorder, to include as secondary to service-connected left knee disability.

The Board has determined that a new VA examination is necessary to evaluate the current severity of the Veteran's service-connected cervical and lumbosacral spine disabilities, as well as whether TDIU should be considered.

The Board has determined that service connection is warranted for the Veteran's left shoulder disorder, sinusitis, sleep apnea, nephrolithiasis with left back pain, and residuals of hyperextension injury of the right wrist. The appeal regarding these claims is granted.

The Board found no evidence of a current diagnosis of a chronic bilateral shin disorder and denied the Veteran's claim for service connection. The Veteran is also seeking an initial compensable evaluation for his lumbosacral strain, but as this issue was not addressed in the decision summary, it remains pending.

The Veteran's claim for benefits under 38 U.S.C.A. § 1151 was denied as there is no evidence that his additional right rib cage fractures and back pain resulted from inadequate VA treatment.