Sleep apnea decisions — 2010

The Veteran's obstructive sleep apnea was not incurred in or aggravated during his active service and is not proximately due to or aggravated by his service-connected PTSD.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining relevant medical records and scheduling appropriate VA examinations.

The Board has determined that the Veteran does not have current residuals of an inservice head injury or back injury, and therefore service connection for these conditions is denied.

The Board has determined that the Veteran's obstructive sleep apnea and anxiety disorder were not incurred in or aggravated by active service, and thus denied his claims for service connection.

The Veteran's sleep apnea was rated at 50 percent since October 1, 2005.,For the cervical spine disability, a rating in excess of 30 percent is not warranted. The Veteran has forward flexion limited to 20 degrees and lateral flexion limited to 15 degrees on each side.,The lumbar spondylosis with degenerative joint disease was rated at 10 percent prior to August 3, 2006; a rating in excess of 20 percent is not warranted from that date onwards. The Veteran's range of motion has been limited due to pain on motion.,Right shoulder tendonitis was rated at 10 percent prior to November 1, 2007 and thereafter. The Veteran had right arm range of motion restricted to shoulder level due to pain on motion.,Left wrist tendonitis (residual of a left wrist injury) is service connected.,No residuals of the left foot injury are service connected.,Erectile dysfunction was service connected, but no compensable rating is warranted.,Varicocelectomy is not service connected.,Right index finger fracture and left index finger fracture were not service connected.

The Board denied the Veteran's claims for service connection for obstructive sleep apnea, a bilateral shoulder disability, neuropathy of the upper extremities, and peripheral neuropathy of the lower extremities. The decision also addressed his claim for increased ratings for his service-connected degenerative changes of the lumbar spine and cervical spine arthritis, as well as his TDIU request.

The Veteran's claims for increased disability ratings have been remanded due to missed VA examinations and the need to obtain updated medical records.

The Board found no evidence of current sleep apnea or depressive disorder related to service and denied both claims.

The Board found that the Veteran's current degenerative disc disease of the lumbosacral spine resulted from his in-service injuries and granted his claim for service connection.

The Board has determined that the Veteran's sleep apnea is causally related to his service-connected status post nasal fracture, postoperative repair. As such, the claim for service connection for sleep apnea as secondary to the Veteran's service-connected status post nasal fracture post-operative repair is granted.

The Board has remanded the case due to the need for further development, including VA examinations for sleep apnea and left arm tremors.

The Veteran's claims for service connection have been reopened, and the Board is now ready to address the merits of his claims. However, further evidence and development are needed before these issues can be decided.

The Board has reopened the Veteran's claim for service connection for lumbosacral strain with degenerative changes and granted it, finding that there is a continuity of symptomatology since service.

The Board has remanded the case for further examination and opinion regarding whether Prednisone used for service-connected bronchial asthma caused or aggravated sleep apnea.

The Veteran's service-connected disabilities do not meet the minimum threshold requirements for an award of TDIU under 38 C.F.R. § 4.16(a). However, VA policy allows for a TDIU to be granted in all cases where a service-connected disability causes unemployability regardless of the percentage evaluations. The case is therefore remanded for further examination and consideration.

The Veteran's low back disability was granted an initial rating of 10 percent, and a subsequent increased rating to 20 percent effective March 5, 2009. The Veteran's left leg radiculitis and bilateral plantar fasciitis were each granted initial ratings of 10 percent.

The Veteran's claim for increased ratings for her degenerative disc disease of the lumbosacral spine was denied. The Board found that the evidence did not support a higher rating prior to September 16, 2009 and maintained the current 10 percent disability evaluation.

The Veteran's claim for a higher rating for lumbosacral strain with arthritis was granted, effective July 20, 2009. The current rating of 40 percent is appropriate as of that date.

The Board found that the Veteran's sleep apnea and brain stem stroke were not incurred in or aggravated by active duty service, nor are they presumed to be due to exposure to ionizing radiation. The evidence did not support a finding of chronicity or continuity of symptoms.

The Board has remanded the case for a VA opinion to determine if the Veteran's currently diagnosed sleep apnea arose during service or is otherwise related to service. The Veteran claims service connection for obstructive sleep apnea.