Sleep apnea decisions — 2011

The Board has granted a 20 percent rating for chronic lumbosacral strain effective June 29, 2009. The Veteran's radiculitis of the right lower extremity continues to be rated at 10 percent.

The Board found that the Veteran's low back disability, manifested by pain and limitation of motion, did not meet or approximate the criteria for a disability evaluation in excess of 20 percent.

The Board has decided to remand the case for further development, including obtaining medical records and scheduling a VA examination.

The Board has determined that the Veteran's current psychiatric disorders, including PTSD and anorexia nervosa, are related to her military service, particularly her reported sexual assault during active duty. The claim is granted.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses related to a gastric bypass surgery performed in October 2000 is granted, as the surgery was deemed necessary due to a medical emergency and VA facilities were not feasibly available.

The Board has determined that the Veteran's bilateral hearing loss and vertigo are related to service, while his sleep apnea is not.,Service connection for bilateral hearing loss and vertigo is granted. Service connection for sleep apnea is denied.

The Veteran's appeal is being remanded for further development and consideration, including a VA examination to reassess the severity of his low back disability during an active stage of the disease when symptoms are most problematic.

The Board has determined that the Veteran's OSA and IBS are presumed to be related to his service in the Gulf War, as per the provisions of 38 U.S.C.A. § 1117 (West 2002).

The Veteran's appeal is being remanded to obtain additional VA medical records and for further examinations to determine the etiology of his claimed psychiatric and gastrointestinal disorders.

The Veteran's claim for service connection for sleep apnea is denied as there is no evidence of a current disability related to his active duty. The Board finds that the Veteran's sleep apnea did not develop due to his service-connected closed head injury.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining service personnel records and conducting VA examinations to determine the nature and etiology of his claimed conditions.

The Veteran's sleep apnea is as likely as not attributable to her active military service, and the Board has granted service connection for this condition.

The Veteran's service connection claim for bilateral hearing loss is granted, as the evidence supports a finding that his current hearing loss disability is related to military noise exposure. The issue of entitlement to an increased rating for his low back disability remains pending.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain with neuralgia of the left lumbosacral plexus is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's degenerative disc disease of the lumbosacral spine is currently rated at 20 percent, which is in line with the criteria for a disability rating based on limitation of motion.

The Board has remanded the case for further development due to incomplete records and additional evidence is needed before a decision can be made.

The Veteran's obstructive sleep apnea is found to have had its onset during his active service and the Board grants service connection for this condition.

The Veteran's claim for TDIU is being remanded due to insufficient evidence of unemployability and the need for a VA examination to assess his ability to secure or follow substantially gainful employment.

The Board found no evidence linking the Veteran's current ankle disability to his active service, and thus denied his claim for service connection.

The Board found that retinitis pigmentosa preexisted service and did not increase in severity during service, thus denying the claim for service connection.