Sleep apnea decisions — 2010

The Veteran's claim for restoration of a 40 percent rating for lumbosacral strain from July 1, 2007 is being remanded due to the need for additional development and adjudication.

The Board has determined that the Veteran's current back disorder had its onset during active service and is related to his military duties, granting service connection for lumbosacral spine degenerative arthritis with degenerative disc disease at L5- S1.

The Veteran's service-connected right shoulder tendonitis and lumbosacral sprain were evaluated, but the appeals for higher ratings were denied.

The Board has denied the Veteran's claims for service connection for various conditions, including a left shoulder disability, hypertension, heart disease, chronic obstructive and restrictive lung disease, major depressive disorder and anxiety, PTSD, and learning disorder. The decision is based on the evidence of record at the time of the April 2003 rating decision.

The Veteran's claims for service connection for obesity, diabetes mellitus type II, peripheral neuropathy of the extremities, hypertension, and sleep apnea have all been denied as these conditions are not related to his military service or a service-connected disability.

The Veteran's appeal is remanded due to the need for additional VA examinations and records, as well as consideration of whether TDIU under 38 C.F.R. § 4.16 is warranted.

The Veteran's lumbosacral strain is currently evaluated at 10 percent, and the evidence does not support a higher rating.

The Veteran's claim for service connection for sleep apnea, including as due to his service-connected residuals of a fractured right mandible, is being remanded for further development and an opinion regarding the relationship between his service-connected condition and his current diagnosis.

The Veteran's lumbosacral strain and sciatica have been rated at the maximum allowable under current criteria. The Board has determined that a higher rating is not warranted based on the evidence of record.

The Veteran's current obstructive sleep apnea is found to have started during his military service.

The Veteran's major affective disorder with intermittent explosive disorder is rated at 100 percent, hypertension at 10 percent, gastritis at 10 percent, and lumbosacral strain at 10 percent throughout the claims period. The Veteran's service-connected conditions have resulted in total occupational and social impairment.

The Veteran's psychiatric disorder, to include depressive disorder, was incurred in service. The Board finds that the Veteran's current cervical spine disability manifested by muscle spasms and respiratory disorder (to include sleep apnea) are not attributable to her active duty service.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's claim of entitlement to service connection for sleep apnea, including determining whether his current condition is related to active duty service or any service-connected disability.

The Veteran's claim for an effective date prior to December 16, 2004 for service connection was granted. The initial rating of 40 percent for degenerative disc disease of the lumbar spine from October 31, 2006 is maintained.

The Board has determined that the Veteran's hiatal hernia, gastroesophageal reflux disease (GERD), bilateral plantar fasciitis, and degenerative joint disease and dextroscoliosis of the lumbosacral spine are not service-connected.

The Veteran's lumbosacral strain with residuals of the right side is currently rated at 40 percent from December 22, 2009. The rating has been increased to reflect her current level of disability.

The Veteran's claim for an increased rating for his service-connected lumbar spine disability was denied as the current evaluation of 20 percent adequately reflects the severity of his condition.

The Veteran's lower back disorder was incurred in service and the Board has granted service connection for his disability.

The Veteran's service-connected lumbosacral strain with DJD was granted a 20 percent rating effective August 8, 2006. The increased rating for diabetes mellitus remains pending.

The Veteran is seeking DIC benefits under 38 U.S.C.A. § 1151 for additional low back disability resulting from a VA surgical procedure in August 2002. The Board has determined that further development, including obtaining medical records and arranging for an examination, is necessary to properly adjudicate the claim.