Sleep apnea decisions — 2011

The Board has reopened the Veteran's claims for service connection for fibrosarcoma of the left thigh, Grave's disease, residuals of a subcutaneous nodule excision on the left upper abdominal wall, and skin cancer of the arms and legs. The appeals are granted.

The Veteran's claims for service connection are being remanded due to the need for additional development, including VA examinations.

The Veteran's lumbosacral strain with degenerative changes and associated left lower extremity radiculopathy are currently rated at 20 percent, the highest available rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran's appeal is remanded for additional development, including a new VA examination and consideration of the criteria for staged ratings.

The Veteran is currently service connected for degenerative joint disease of the lumbosacral spine, rated as 60 percent disabling. The evidence shows that the Veteran's disability makes it impossible for him to secure or follow a substantially gainful occupation.

The Board has remanded the Veteran's claims of service connection for bilateral painful heels with degenerative changes, as well as his claims for increased evaluations for left and right painful heels. The case is also remanded to obtain a discharge physical from the U.S. Army and Joint Services Records Research Center (JSRRC) or National Archives Records Administration (NARA).

The Veteran's appeal is being remanded for additional development and consideration of his claims, including a TDIU claim.

The Board has granted service connection for bilateral hearing loss. The Veteran's claims for obstructive sleep apnea and lung disorder are remanded due to outstanding records and further development is needed.

The Veteran's service-connected lumbar fibromyositis with lumbosacral HNP at L5-S1 has been rated as 40 percent since December 4, 2006 and now increased to 60 percent effective from that date. The left S1 lumbar radiculopathy is also service-connected.

The Veteran's low back disability was not incurred in or aggravated by service and may not be presumed to have been incurred or aggravated therein.

The Veteran's appeal is being remanded for additional development, including a VA examination and consideration of the recent revisions to 38 C.F.R. � 3.304(f)(3).

The Veteran's service-connected conditions have been evaluated based on the current rating criteria, with no new or higher ratings granted.

The Veteran's obstructive sleep apnea was rated at 50 percent, but the Board found no evidence of respiratory failure or right ventricle pathology. The left knee disorder and right hand strain were both rated at 10 percent.,The Veteran's initial ratings for his musculoskeletal disorders did not meet the criteria for higher evaluations.

The Board found that the Veteran's sleep apnea is not proximately due to or aggravated by his service-connected diabetes mellitus type II with erectile dysfunction, and thus denied this claim.

The Board has remanded the case to the Department of Veterans Affairs Regional Office for compliance with instructions in a Joint Motion, and the Veteran's claim for an initial compensable rating for lumbosacral strain is now pending before the RO.

The Veteran seeks a disability rating in excess of 40 percent for his service-connected degenerative disc disease of the lumbosacral spine. The case is remanded to obtain additional evidence and consider extraschedular evaluation.

The Veteran's appeal is being remanded to obtain additional medical opinions regarding his sleep apnea and gastrointestinal disorder, as well as to ensure that the appropriate evidence has been obtained for both claims.

The Veteran's claims for increased ratings for lumbosacral strain with disc disease and left lower extremity radiculopathy were denied as the evidence did not meet the criteria for a higher rating under the applicable VA Schedule for Rating Disabilities.

The Veteran's death was not caused by, or substantially or materially contributed to his death, by any service-connected disability. The Board found that the cause of death was pneumonia, and determined that the Veteran's service-connected arthritis did not contribute substantially or materially to his death.

The Board found no evidence of a current disability related to service for spondylosis with disc space narrowing lumbosacral spine and degenerative changes, right shoulder. The Veteran's assertions were deemed not credible due to the lack of continuity of symptoms since service.