Sleep apnea decisions — 2009

The Veteran's claim for service connection for sleep apnea was denied. His claim for an increased rating for residuals of a non-displaced fracture of the left foot is also denied.

The Board has determined that the Veteran's lower spine disorder is service connected due to aggravation during service, and his gout of the feet may be secondary to his lower spine disorder.

The Veteran's claim for a higher initial rating for his low back disability was granted, and he is now receiving the maximum available benefit. The claim for service connection for cluster headaches has been granted based on new evidence.

The Veteran's claims for service connection for sleep apnea and an initial compensable rating for his right knee disability are being remanded due to the need for additional examinations, medical records review, and consideration of staged ratings.

The Veteran's appeal is being remanded for additional development, including a VA examination and medical opinion to determine the nature and etiology of his sleep disorder, to include obstructive sleep apnea and hypopnea syndrome.

The Veteran's claim for an increased rating for her service-connected lumbosacral spine disability is being remanded due to the need for additional development, including obtaining SSA and USPS records, as well as a new VA examination.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and scheduling a VA examination to assess the severity of his left ankle disorder.

The Veteran's lumbosacral strain with degenerative joint disease and left lower extremity L5 nerve root change were both rated at 20 percent, effective from the date of his February 2003 claim. The Veteran is seeking a higher rating for these conditions.

The Veteran's claim for an initial compensable rating and a higher rating than 10 percent for lumbosacral strain on and after February 29, 2008 is being remanded due to inadequate reasons and bases in the previous decision.

The Veteran's claims for service connection for diabetes mellitus, sleep apnea, memory loss, and high cholesterol have been denied. The Board found no current diagnoses of these conditions.

The Veteran's service-connected lumbosacral strain and myositis are currently rated at 20 percent, which is the maximum schedular rating available under Diagnostic Code 5237. The Veteran's diabetes mellitus is also rated at 20 percent. Both conditions do not meet the criteria for a higher disability rating based on the evidence of record.

The Veteran's stress disorder, diagnosed as adjustment disorder with depressed mood, associated with chronic lumbosacral spine pain and mild degenerative osteophytosis is currently rated at 30 percent. The appeal for an increased rating was denied.

The Veteran does not have lumbosacral degenerative disc and facet disease that is the result of a disease or injury incurred in service. The Board finds no evidence to support a finding that the Veteran's current condition is related to his military service.

The Veteran's unauthorized medical expenses for treatment received from Family Medicine of Carthage, PC and Northern Radiology Associates on January 15-17, 2006 are granted as the services were provided in an emergency room setting due to a non-service-connected condition that was not associated with or aggravating his service-connected disability.

The Board found that the Veteran's lumbar spine disability, diagnosed as lumbosacral strain and degenerative disc disease at L5-S1, was not incurred in or aggravated by his active duty service. The Board also determined that it is less likely than not related to his service-connected bilateral chondromalacia.

The Board has remanded the case for a VA examination to determine if the Veteran's sleep apnea is secondary to his service-connected PTSD. The claim will be reconsidered based on the new evidence.

The Veteran's low back disability, rated as 40 percent disabling since July 2, 2009, warrants a higher rating due to limitation of forward flexion to 30 degrees.

The Veteran's claims for service connection for lumbosacral strain, bone spurs of the left shoulder, and degenerative arthritis of the right hand were denied as there is no competent evidence linking these conditions to his military service.

The Board has remanded the Veteran's claims for additional development, including scheduling VA examinations and obtaining pertinent records.

The Board has remanded the Veteran's claims for service connection due to the need for additional development, including obtaining medical opinions regarding his eye disorder and tonsillitis.