Sleep apnea decisions — 2011

The Veteran's claim for an increased rating for his lumbosacral disability and TDIU was denied. The Board found that the evidence did not meet the criteria for a higher rating or TDIU.

The Veteran's claim for service connection for degenerative disc disease of the lumbosacral spine is being remanded due to outstanding records and a request for Social Security Administration (SSA) disability determination records.

The Veteran's claims for peptic ulcers, sleep apnea, and bilateral knee disability are being remanded due to the need for additional development including obtaining VA treatment records and scheduling examinations.

The Board found no evidence linking the Veteran's fibrosarcoma of the right arm to service, including asbestos or radiation exposure. The preponderance of the evidence supports a finding that the condition is not related to service.

The Veteran's claim for service connection for a sleep disorder is being remanded due to the need for further examination and development of his medical records.

The Board finds that the Veteran's coccyx fracture, which he claims was caused by an in-service injury lifting artillery shells and falling with ammo, is related to his active service. The evidence supports a finding that this condition began during or as a result of his military service.

The Board found that the Veteran's diabetes, hypertension, heart disorder, tinnitus, insomnia, sleep apnea, depression, and GERD were not incurred or aggravated by his active military service. The claims for these conditions are therefore denied.

The Veteran's lumbar spine disability was granted a rating of 20 percent effective March 11, 2011. The issue remains open for further development and consideration.

The Board has remanded the case for further examination and an etiology opinion regarding the Veteran's obstructive sleep apnea (OSA) disability, specifically whether it is at least as likely as not that OSA began in or as a consequence of service, and if it was caused or aggravated by service-connected sinusitis.

The Veteran's low back disability was initially rated at 10 percent prior to May 25, 2011. Since then, he has been assigned a 20 percent rating effective from the date of his most recent VA examination on May 25, 2011.

The Veteran's service-connected disabilities, including postoperative residuals of multiple lumbosacral surgeries with degenerative joint and disc disease and left lower extremity radiculopathy, do not meet the criteria for a total disability rating based on individual unemployability under 38 C.F.R. § 4.16(a).

The Veteran's claims for increased evaluations for his service-connected spondylolisthesis and left lower extremity radiculopathy were denied. The Board found that the evidence did not support a rating in excess of 20 percent for the spine condition or a rating in excess of 10 percent for the radiculopathy.

The Board has determined that the Veteran's sleep apnea is related to his active service and granted service connection.,The Board also found that the Veteran's migraine disorder was related to his active service and granted service connection.

The Veteran has been diagnosed with chronic obstructive sleep apnea and has continuously suffered from this condition since service. The Board grants service connection for the Veteran's chronic obstructive sleep apnea.

The Board has determined that the Veteran's boils/abscesses preexisted service and were not aggravated therein, thus rebutting the presumption of soundness at entry. The skin disorders other than boils have not been shown to be related to service or due to Agent Orange exposure.

The Veteran's lumbosacral strain is rated at 20 percent, the maximum available rating under the General Rating Formula for Diseases and Injuries of the Spine. A separate 10 percent rating has been granted for left lower extremity neurological manifestations.

The Veteran's service-connected lumbar strain with degenerative osteoarthritis is currently rated at 20 percent, and the Board finds that this rating adequately reflects his disability level.

The Board has determined that the evidence is in equipoise, and therefore grants service connection for obstructive sleep apnea.

The Board has determined that the Veteran's sleep apnea is attributable to his military service, and thus grants service connection for this condition.

The Board found no evidence of chronic symptoms of sleep apnea during service and determined that the Veteran's current sleep apnea is not related to his military service. The claim for service connection was denied.