Sleep apnea decisions — 2010

The Board is remanding the case for further development, including obtaining VA treatment records from 2008 onwards and attempting to associate them with the Veteran's claims file.

The Veteran's service-connected spondylolysis at the lumbosacral level with mild anterolisthesis of L5 and S1 is currently rated as 40 percent disabling, which reflects a functional loss due to pain and repetitive movement resulting in forward flexion limited to 30 degrees or less.

The Veteran's appeal is remanded for issuance of a Statement of the Case on his claims for higher initial ratings for left hip disorder and lumbosacral strain with degenerative disc disease.

The Veteran's low back disability is rated at 20 percent, the highest available rating under the schedular criteria. The right knee disability was not service-connected.

The Veteran's appeal is remanded for a VA examination to assess the current severity of his service-connected lumbosacral strain and any related neurological disability. The Veteran contends that his lower back condition has worsened, but no recent treatment records have been provided.

The Board has granted service connection for fibromyalgia as secondary to the Veteran's service-connected lumbosacral strain with DDD, and increased his rating for lumbosacral strain with DDD from noncompensable to 20 percent.

The Board has determined that the Veteran's degenerative disc disease of the lumbosacral spine is related to an injury incurred during active duty service and grants service connection for this condition.

The Veteran's claims for increased ratings and service connection were denied. The Veteran's lumbosacral strain with DDD is rated at 20 percent, which is the maximum schedular rating available under VA guidelines. His left leg radiculopathy is also rated at 10 percent.

The Board has determined that the Veteran's low back disability is not proximately due to or the result of his service-connected right foot disability, and therefore, denied the claim for service connection.

The Veteran's PTSD is manifested by anxiety, sleep disturbance, hypervigilance, intrusive thoughts and irritability. The Board has determined that the criteria for a rating of 30 percent have been met.

The Veteran's initial disability ratings for his service-connected lumbosacral strain with marked degenerative disc disease at L5 to S1 were denied prior to January 30, 2002 and as of January 30, 2002. The current rating is 20 percent.

The Board found that the Veteran's current low back condition is not related to his military service and denied his claim for service connection.

The Veteran's appeal is being remanded for further development, including obtaining updated medical records and scheduling a VA examination to assess the severity of his service-connected lumbosacral strain.

The Board has ordered a remand to obtain updated medical records and conduct an examination to determine the severity of the veteran's sleep apnea. The appeal is currently in process.

The Veteran's claim for an increased initial evaluation for his service-connected lumbosacral spine degenerative disc disease with spondylolisis and occasional radiation to the lower extremities is being remanded due to the need for additional medical records.

The Board has determined that a VA examination is necessary to determine if the appellant's sleep apnea syndrome and asthma pre-existed his active duty for training or were incurred during such service.

The Veteran's claim is being remanded due to the need for additional medical records and a neurological examination.

The Veteran's appeal was denied as the current evaluations for lumbosacral strain, migraine headache disorder, and major depressive disorder with social phobia are deemed adequate.

The Veteran's claim for an increased rating for his low back disorder was denied. The Board found that the evidence did not show incapacitating episodes, unfavorable ankylosis of the entire thoracolumbar spine, or at least mild incomplete paralysis of the sciatic nerve.

The Board has determined that the Veteran is entitled to service connection for acne rosacea of the face, a heart valve disorder with fatigue (aortic insufficiency), and an acquired psychiatric disorder, including PTSD and an anxiety disorder. The skin disorder of the hands and feet, including leg lesions, will be remanded.