Sleep apnea decisions — 2011

The Veteran's TDIU claim is being remanded due to the need for a VA examination and further development of his employment capacity.

The Board has remanded the case for additional development due to inadequate examination and incomplete VCAA notice.

The Veteran's claim for an increased rating for lumbosacral strain with degenerative changes is being remanded due to the need for a more comprehensive VA examination.

The Veteran's claim of entitlement to service connection for obstructive sleep apnea, including secondary to hypertension and hypertensive heart disease, is being remanded due to the need for a medical examination. The examiner must determine if there is at least a 50% probability that his obstructive sleep apnea is related to his active service or caused by his pre-existing conditions.

The Veteran's service-connected lumbosacral strain with degenerative disc disease was found to not meet the criteria for a compensable initial evaluation prior to September 29, 2009.

The Board has ordered a remand to obtain an updated VA opinion regarding the appellant's skin disabilities, including those diagnosed during the appeal period. The opinion must reconcile with previous examinations and address the June 30, 2008 VA treatment note.

The Board has dismissed the claim for service connection for sleep apnea, to include as secondary to PTSD due to the grant of service connection in a July 2011 rating decision.

The Veteran's appeal is remanded due to the need for a new VA examination and consideration of updated outpatient records. The case will be returned to the Board for further action.

The Veteran's current sleep apnea disorder is related to his military service, and the Board grants the claim of service connection for sleep apnea. The issues of an increased rating for PTSD and TDIU are remanded.

The Veteran's claim for an initial evaluation in excess of 20 percent for his service-connected lumbosacral strain with early degenerative joint disease is being remanded due to the need for a VA examination and additional treatment records.

The Veteran's claim for service connection for a chronic lumbosacral spine disorder is being remanded due to the need for additional medical examination and development of records.

The Veteran's service-connected lumbar spine disorder is not manifested by ankylosis, incapacitating episodes as defined by VA regulations having a total duration of at least 6 weeks during a 12 month period, or any other associated neurologic impairment. For the period prior to September 7, 2010, his service-connected radiculopathy of the left lower extremity is not manifested by moderately severe incomplete paralysis. Since September 7, 2010, it has not been manifested by severe incomplete paralysis with marked muscular atrophy.

The Veteran's lumbosacral strain is currently rated at the maximum schedular rating of 40 percent. The Board denied an increased rating as there were no documented incapacitating episodes requiring bed rest prescribed by a physician.

The Board has determined that the Veteran's multi-joint arthritis involving multiple joints, including right knee, right ankle, right hip, left hip, cervical spine, and lumbosacral spine is related to service. Service connection for these conditions is granted.

The Board has determined that the Veteran's pre-existing low back disorder was aggravated by his military service, and thus service connection is granted.

The Veteran's lumbosacral strain with L4-S1 disc disease and osteophytes is currently rated at 40 percent, which is the maximum schedular rating available. The radiculopathy of both lower extremities has been granted a separate 10 percent evaluation.

The Veteran's degenerative joint disease of the lumbosacral spine is manifested by severe limitation of motion and functional impairment due to pain. The evidence does not show neurological manifestations or intervertebral disc syndrome.

The Veteran's claim for a higher disability rating for his lumbosacral spine strain is being remanded due to the need for additional medical examination and development of records.

The Board has determined that the Veteran's obstructive sleep apnea is related to his active service, and thus grants service connection for this condition.

The Veteran's claim for entitlement to service connection for sleep apnea has been withdrawn. The Board has determined that further development of the Veteran's psychiatric and secondary service connection claims is warranted.