Sleep apnea decisions — 2010

The Board has determined that the Veteran's right nasal septal deviation is causally related to his active duty service and grants entitlement to service connection for this condition.

The Veteran's unauthorized medical expenses incurred on September 21, 2006 were denied as the treatment was not for an emergent condition and a VA facility was feasibly available.

The Board denied the Veteran's claims of entitlement to service connection for sleep apnea, right hip disorder, and PTSD. The denial was based on a lack of evidence establishing a nexus between these conditions and service or service-connected disabilities.

The Board has decided to remand the case for additional development, including locating missing service treatment records and obtaining medical opinions.

The Veteran's service-connected lumbosacral strain disability is manifested by x-ray findings of spondylosis, MRI findings of osteoarthritis and degenerative disc disease at L4-5 with secondary mild neural foraminal narrowing. The Veteran has marked limitation of forward bending in the standing position (most severely to 65 degrees), loss of lateral motion, some muscle spasms, and functional impairment due to pain. As these symptoms do not meet or approximate the criteria for a higher rating under any applicable diagnostic code.

The Veteran's chronic sleep apnea and fatigue were initially manifested during active service, and the Board has determined that these conditions are now granted for service connection.

The Veteran's claim for an earlier effective date for a 40 percent disability rating for lumbosacral strain is considered, and the Board finds that reopening of his previous claims did not result in any change to the current evaluation. The effective date remains June 7, 2007.

The Veteran's claim for an increased disability rating for his service-connected degenerative disc disease of the lumbosacral spine is being remanded due to the need for additional development, including obtaining private treatment records and a new VA spine examination.

The Veteran's PTSD, lumbar spine disability, and obstructive sleep apnea have been granted initial ratings of 50 percent each effective May 10, 2007.

The Board found that the Veteran's lung diseases, including nonspecific interstitial pneumonia, sleep apnea and COPD, did not have onset during active service or are otherwise etiologically related to his active service, including asbestos exposure.

The Veteran's lumbosacral spine disability is not rated higher than 40 percent due to lack of findings of ankylosis, intervertebral disc syndrome (IVDS), or other disabling conditions. The appeal for service connection on the merits was denied.

The Veteran's appeal is being remanded for additional development, including obtaining service treatment records and providing a VA medical examination.

The Veteran's service-connected lumbosacral strain is rated at 10 percent, and the issues of service connection for cervical spine disability and right upper extremity radiculopathy are denied.

The Veteran's pre-existing lower back disorder was aggravated by active service, and the Board has granted service connection for this condition.

The Veteran's appeal is being remanded for further review, including consideration of an extraschedular evaluation and entitlement to a total disability rating based on individual unemployability due to service-connected disorders prior to June 6, 2007.

The Veteran's low back disability, rated as 20 percent disabling for chronic lumbosacral strain, is now rated at 40 percent due to the presence of incapacitating episodes of intervertebral disc syndrome.

The Veteran's claims for increased ratings for traumatic arthritis of the lumbosacral spine and residuals of right femur fracture were denied. The Veteran was currently rated at 40 percent for his lumbosacral spine condition, which is the maximum schedular rating available under VA regulations.

The Board has granted service connection for the Veteran's low back disability, finding that it was incurred in service. The claims for bilateral knee disabilities are remanded to obtain a medical opinion regarding whether they are secondary to the low back disability.

The Board has remanded the case due to inadequate medical examination for determining whether the Veteran's hypertension and sleep apnea are related to service or her service-connected disabilities.

The Board found that the Veteran's service treatment records were completely negative for any complaints, treatment, or diagnosis of his claimed conditions. The RO denied service connection for all issues on appeal due to lack of evidence and because the Veteran did not perfect an appeal within the allotted time.