Sleep apnea decisions — 2011

The Veteran's claim for an initial rating in excess of 10 percent for lumbosacral strain was denied as he failed to report for a scheduled VA Spine examination.

The Board found no evidence of service origin for the Veteran's claimed conditions and denied his claims for service connection.

The Veteran's claims for service connection, increased rating, and TDIU are being remanded due to the need for additional examinations and records.

The Veteran's appeal for a compensable rating for sleep apnea and the issues of service connection for hearing loss, fracture right fifth metacarpal residuals, and sinus disability have been withdrawn. The Board has dismissed these claims.

The Veteran's appeal for increased ratings for his service-connected bilateral foot disability and low back disability was denied. The maximum schedular rating available for the bilateral foot disability is already in effect, while the maximum schedular rating available for the low back disability has been assigned.

The Veteran's degenerative disc disease and spondylosis, lumbosacral spine were rated at 40 percent effective from July 23, 2009. The Veteran's radiculopathy of the left lower extremity was also rated at 40 percent effective from January 29, 2010.

The Board has determined that the Veteran's obstructive sleep apnea with restless legs syndrome is related to his service, and thus grants service connection for these conditions.

The Veteran's claim for increased ratings for lumbosacral degenerative disc disease (DDD) is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a new VA examination.

The Board has reopened the claims of service connection for a back disability and sleep apnea, but remands are required to obtain additional information regarding these conditions.

The Board has granted service connection for an acquired psychiatric disorder, specifically generalized anxiety disorder, as secondary to the Veteran's service-connected tinnitus. The issue of entitlement to service connection for obstructive sleep apnea remains pending.

The Veteran's service-connected disabilities of the feet, right knee, and low back are deemed to make him unable to secure or follow a substantially gainful occupation.

The Board denied the Veteran's claims for service connection for hypertension, diabetes mellitus, glaucoma (claimed as secondary to diabetes mellitus), asthma, and intractable plantar keratoses. The effective dates for the 20% evaluations were not granted.

The Veteran's appeal was denied for service connection on the merits. The RO found that there was no evidence to support the claimed conditions and that the existing evidence did not meet the criteria for a compensable rating for hearing loss.

The Veteran's claims for PTSD, lumbosacral strain, and left ankle strain are being remanded due to the need for additional evidence including VA treatment records and SSA disability determination.

The Veteran's service connection claim for obstructive sleep apnea is granted as the disability had its onset during active duty and is related to his in-service symptoms of headaches, dizziness, lightheadedness, and fatigue.

The Veteran's lumbosacral strain with osteoarthritis and lumbar degenerative disc disease is rated at 40 percent, effective from the date of the decision. The claim for an increased evaluation of chronic acne vulgaris prior to February 8, 2010, and in excess of 30 percent thereafter remains pending.

The Board has reopened the Veteran's claim of service connection for a back disorder and has determined that new and material evidence has been submitted. The Board also found that the Veteran's current lumbosacral spine, cervical spine, and bilateral hip disorders are not related to his active service or any service-connected disability.

The Veteran's lumbosacral strain is currently rated at 20 percent, and the Board finds that this rating adequately addresses his disability.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine if the Veteran's current sleep disability is related to his military service.

The Board has determined that the appellant's service-connected disabilities are of sufficient severity to prevent her from engaging in and retaining substantially gainful employment, thus granting TDIU.