Sleep apnea decisions — 2011

The Veteran's claims for increased ratings and initial compensable ratings were granted, with the DDD of the lumbosacral spine receiving a 40 percent rating effective August 3, 2006. The right knee, left ankle pain, and right ankle pain each received initial noncompensable (0%) ratings effective October 7, 2008.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine is currently rated at 10 percent, and no higher. The appeal for increased ratings was denied.

The Veteran's claims for increased ratings and service connection are being remanded to allow the RO to consider additional evidence submitted by the Veteran.

The Board has remanded the case due to the need for additional development, including obtaining records from SSA and Worker's Compensation determinations.

The Board has remanded the case for further development due to the Veteran's failure to report for scheduled VA examinations and because of new guidance from the Department of Veterans' Affairs, Veterans Benefits Administration regarding service connection for hearing loss and/or tinnitus.

The Veteran's claim for a higher rating for his service-connected low back disorder was granted, with the effective date set at May 13, 2010.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and arranging for a VA examination.

The Board denied the appellant's claims of entitlement to service connection for a bilateral hip disability, low back disability, right ankle disability, left ankle disability, and sleep apnea. The appeal was decided on the merits as the issues were adjudicated under a direct service connection theory.

The Veteran is seeking service connection for sleep apnea, which he claims is secondary to his service-connected PTSD. The case has been remanded due to the need for additional medical development and opinion.

The Veteran's DDD of the lumbosacral spine is currently rated at 20 percent, and no higher. The Board finds that a rating in excess of 20 percent is not warranted.

The Veteran's low back disability is currently rated at 20 percent, but the evidence does not support a higher rating as his forward flexion of the thoracolumbar spine is more than 30 degrees and he has no findings of ankylosis. The VA examinations do not indicate that he requires bed rest due to pain.

The Board has granted a 40 percent evaluation for the Veteran's low back disability since November 1, 2010, based on x-ray evidence of degenerative joint disease with forward flexion from 0 to 45 degrees and additional limitation of motion due to muscle spasm, guarding, and tenderness. Prior to this date, a higher evaluation was not warranted.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including obtaining VA clinical records since October 2005 and a June 2010 report of EMG examination.

The Board has denied the Veteran's claims for service connection for sleep apnea, COPD, and hypertension as secondary to his service-connected PTSD. The VA examiner opined that the Veteran's hypertension is not at least as likely as not caused or aggravated by his diabetes.

The Veteran's low back disability, characterized as degenerative changes in the lumbosacral spine, is currently rated at 10 percent and does not meet the criteria for a higher rating based on limitation of motion or incapacitating episodes.

The Veteran's claims for increased ratings and service connection were denied. The reduction of the rating for bilateral maxillary sinusitis was upheld, but her claim for an increased rating for allergic rhinitis was denied.,Her request to reopen a claim for service connection for painful elbows, wrists and fingers was denied as new evidence did not establish a link with service.

The Veteran's claims for service connection and an initial disability evaluation for hypertension are being remanded due to the need for additional development, including VA examinations and consideration of new evidence.

The Board denied the Veteran's claims for service connection for tinnitus, residuals of frostbite of both ears, and COPD with sleep apnea. The evidence did not support a finding that these conditions were incurred or aggravated by service.

The Veteran's appeal is remanded for additional development, including a new VA examination and consideration of the TDIU claim. The claims will be re-adjudicated after these actions.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination to assess the severity of his service-connected lumbosacral spine strain.