Sleep apnea decisions — 2011

The Veteran's claim for an increased evaluation of his service-connected lumbosacral strain, multilevel lumbar spondylosis, and lumbar disc herniation is being remanded due to the need for a new VA spine examination and additional VA treatment records.

The Board has determined that further development of the record is needed prior to appellate consideration of the claims for service connection for neuropathy of the left arm and sleep apnea, as secondary to service-connected conditions.

The Board has remanded the case for further development due to a scheduling issue, and the Veteran's attorney requested additional copies of his claims file.

The Veteran's obstructive sleep apnea is found to be secondary to his service-connected disabilities, including osteoarthritis of the ankles and knees.

The Veteran's sleep apnea with asthma is rated at 50 percent, and his migraine headaches are rated at 10 percent from October 24, 2007, through February 7, 2010. The rating for the migraine headaches was increased to 30 percent as of February 8, 2010.

The Veteran's service-connected disabilities have not resulted in the permanent loss or use of one or both feet, hands, vision, or ankylosis of knees or hips. Therefore, he is not entitled to financial assistance for automobile and adaptive equipment.

The Board has determined that the Veteran's lumbar spine disability warrants a 10 percent evaluation effective from December 10, 2007. The initial rating was granted and is not in dispute.

The Veteran's claim for a permanent and total disability rating for nonservice-connected pension purposes is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's appeal is being remanded to the RO for further examination and development of his service-connected chronic lumbosacral strain.

The Board found that the evidence did not support service connection for asthma or sleep apnea, and thus denied both claims.

The Veteran's claim is being remanded due to the need for additional development, including new VA examinations and clarification of his lumbar radiculitis diagnosis.

The Veteran's claim for a higher disability rating for his lumbosacral strain with degenerative disc changes and narrowing of L4-5 is being remanded due to the need for additional development, including obtaining Social Security Administration (SSA) records and VA medical records.

The Board has reopened the Veteran's claim of service connection for sleep apnea and remanded the issues of increased evaluations for cervical spine degenerative disc disease with spondylosis and hemorrhoids with an anal fissure. The reduction in evaluation for cervical spine disability was found to be improper.

The Veteran's tinnitus was found to be related to her military service, and she is now granted service connection for this condition. The other issues remain unresolved.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for sleep apnea, right knee disability, and left knee disability. Specifically, a supplemental medical opinion from Dr. J. regarding the etiology of his current knee conditions and whether his sleep apnea is aggravated by his low back condition are required.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and scheduling compensation and pension examinations.

The Veteran's sleep apnea was not incurred in or aggravated by active service. The Board found no evidence linking the current condition to his military service.

The Veteran's petition to reopen his claim for service connection for a back disability was denied as new and material evidence had not been submitted. The claims of service connection for bronchitis, hearing loss, sleep apnea, hypertension, ulcers, and hemorrhoids were also denied. Service connection for PTSD was granted with an initial 50 percent rating.

The Veteran's claims for increased ratings for migraine headaches and lumbosacral strain with degenerative disc disease, disc bulging L4-5, and degenerative joint disease were denied as the evidence did not show that his conditions warranted a higher rating.

The Veteran seeks an initial rating in excess of 20 percent for his service-connected lumbosacral strain with degenerative changes. The case is REMANDED due to the need for a VA medical examination.