Sleep apnea decisions — 2011

The Veteran's cervical spine disability is rated at 10 percent, and his claim for service connection for obstructive sleep apnea was denied.

The Veteran's claims for increased evaluations of lumbosacral degenerative disc disease with left leg pain, and service connection for right knee disability, left knee disability, sinus disorder, and lung disorder (claimed as tuberculosis and chronic chest pain) were denied. The Veteran was not granted an evaluation in excess of 10 percent for his lumbosacral degenerative disc disease with left leg pain prior to October 29, 2009, or a rating in excess of 40 percent since that date.

The Veteran's appeal for an earlier effective date for the grant of service connection for osteoarthritis of the lumbosacral spine is denied. The Board found no evidence that the Veteran had filed a claim or informal claim prior to October 23, 2008, and thus, the effective date cannot be earlier than this date.

The Veteran's PTSD and lumbar spine conditions were not found to warrant evaluations in excess of the currently assigned ratings.

The Veteran's appeal has been withdrawn, and the Board is dismissing the case.

The Board has remanded the case for additional development, including obtaining private medical records and providing a VA examination to determine whether the Veteran's complaints of back pain within one year of service discharge represented the onset of arthritis.

The Board has determined that the Veteran's service connection claim for a psychiatric disorder, identified as insomnia, is granted. The TDIU and increased evaluation claims are remanded.

The Veteran seeks service connection for sleep apnea, which he claims is secondary to his service-connected PTSD. He also seeks TDIU based on his service-connected disabilities.

The Board has determined that further development is needed for the Veteran's claims of service connection for sleep apnea and prostate cancer, as these conditions may be related to his service-connected sarcoidosis. The case is REMANDED for additional examination and opinion.

The Veteran's appeal is being returned to the Board for further proceedings due to a previous denial of his claim for a higher disability rating for his service-connected lumbosacral strain. The case must be remanded for additional development, including obtaining updated medical records and scheduling the Veteran for a VA examination.

The Board found that the Veteran's sleep apnea was not caused or aggravated by his service-connected PTSD, nor has it been shown to have been caused by any other injury or disease incurred during active duty service.

The Veteran's claim for a higher evaluation for his service-connected lumbar spine disability is being remanded due to the need for additional examination and treatment records.

The Veteran's lumbosacral spinal stenosis, disk bulges at L3-L4 and L5-S1, is currently rated as 20 percent disabling. The evidence does not meet the criteria for a higher rating based on limitation of motion or ankylosis.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that his current diagnosis of sleep apnea is related to his military service.

The Veteran's hypertension, sinusitis, right knee tendinitis, and lumbosacral strain have been granted initial evaluations of 10 percent each.

The Board denied service connection for a lumbosacral disorder and residuals of a cervical spine fracture with quadriparesis, finding that the Veteran's current conditions are not related to her military service.

The Veteran's service-connected lumbosacral strain disability is currently rated at 40 percent, but the Board finds that it does not meet or approximate criteria for a higher rating.

The Veteran's service-connected disabilities do not result in the loss of or the loss of use of his hands, do not result in blindness, were not the result of burns, and were not the result of an inhalation injury. Therefore, he is not eligible for a special home adaptation grant.

The Board has granted service connection for rheumatoid arthritis, folliculitis, and sleep apnea as presumptively related to active duty in the Persian Gulf. The Veteran's claims for skin rash, flu-like symptoms, weight gain/loss, and chronic fatigue are denied due to lack of evidence linking these conditions to his military service.

The Veteran's service-connected lumbosacral strain has been rated at 20 percent since May 3, 2010. The Board found that the criteria for a higher rating were not met prior to this date.