Sleep apnea decisions — 2010

The Board has granted service connection for a cervical spine disorder and lumbosacral spine disorder, finding that the Veteran is entitled to the presumption of soundness due to her second period of active duty service. The left knee disorder and sciatic nerve disorder are not yet addressed as they require further examination and medical opinion.

The Board has granted service connection for depression, reopening the previously denied claim. The Veteran's sleep apnea and GERD are found to be related to his service-connected conditions.

The Veteran's degenerative spondylosis of the lumbosacral spine results in narrowing at L3-4 and L4-5 with spurring at L5, but does not meet criteria for a higher rating as it does not result in forward flexion of the thoracolumbar spine 30 degrees or less.

The Veteran's appeal is being remanded due to the need for additional development, including a VA examination to assess his employability given his service-connected disabilities.

The Board has determined that additional development is necessary before the claim of service connection for obstructive sleep apnea, claimed as chronic fatigue can be adjudicated.

The Veteran's lumbosacral strain has been rated at 20 percent, the highest available rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board found that the Veteran's obstructive sleep apnea is not caused or aggravated by his service-connected diabetes mellitus, and thus denied service connection for this condition. The rating for diabetic nephropathy and hypertension was also denied as there were no manifestations of kidney pathology.

The Veteran's skin conditions (rosacea and folliculitis) are found to be related to his military service. His PTSD is rated at 50% since August 8, 2005.

The Board has remanded the case due to the Veteran's failure to report for a Travel Board hearing scheduled in December 2009. The Veteran is now requesting a new hearing at the RO nearest his residence in Washington State.

The Board has found that additional development is necessary prior to deciding the Veteran's claims, including obtaining medical records and conducting further examinations.

The Veteran's appeal is being remanded for additional development to determine the extent of his service-connected disabilities and any bilateral wrist disability, as well as whether these conditions are related to service or a service-connected disorder.

The Veteran's claims for earlier effective dates were denied as the evidence did not show that any of his service-connected disabilities warranted an earlier effective date than November 9, 2007.

The Veteran's claim for an increased rating for his chronic strain of the lumbosacral spine was denied, and he is currently rated at 20 percent. Service connection for bilateral shoulder and knee disabilities were also denied due to aggravation by military service.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and providing the Veteran with a VA examination to determine the etiology of his sleep apnea.

The Veteran's appeals for increased ratings for lumbosacral degenerative disc disease and left leg radiculopathy have been dismissed due to his failure to respond within a year to VA requests for releases necessary to secure the further evidence needed for proper adjudication of these claims.

The Board has ordered a remand due to the need for another VA examination, as the previous one is deemed inadequate.

The Veteran's initial ratings for his service-connected obstructive sleep apnea, IBS, and cervical spine disorder have been denied as the evidence does not support higher evaluations.

The Veteran's claim of entitlement to service connection for sleep apnea is being remanded due to the need for a medical examination and further development.

The Veteran's appeal is being remanded for further development, including obtaining treatment records and scheduling VA examinations to assess his low back disability and left upper extremity neuropathy.

The Veteran's lumbosacral strain with spondylolysis was reduced from 40% to 20%, effective February 1, 2008. The reduction in rating for his mood disorder from 30% to 0% (noncompensable) was not proper.