Sleep apnea decisions — 2011

The Veteran's appeal for an increased rating for lower back strain with degenerative changes has been withdrawn. The case of service connection for sleep apnea is being remanded.

The Board denied the Veteran's claims for an earlier effective date for service connection and a temporary total evaluation due to lack of objective medical evidence supporting these claims.

The Veteran's lumbosacral strain with lumbar disc disease was previously rated at 20 percent prior to March 18, 2005 and is now rated at 40 percent thereafter. The Board found that the current rating of 40 percent is appropriate based on the evidence showing significant functional impairment.

The Veteran's degenerative changes of lumbosacral spine have been rated at 10% since June 9, 2008. The RO found that the disability warranted a compensable rating based on moderate effects on daily activities.

The Board denied the Veteran's claims for service connection and increased disability ratings, finding that his claimed conditions were not established as incurred in or aggravated by service.

The Veteran's claim for a compensable rating for his service-connected lumbosacral strain is being remanded due to the need for additional development, including obtaining VA treatment records and SSA disability determination.

The Board has reopened the claim for a low back disorder, but denied the claims for neurocardiogenic syndrome and presyncope as well as sleep apnea.,Obstructive sleep apnea was not found to be related to service or any service-connected condition.

The Board found no evidence to support a service connection for the Veteran's right shoulder disorder, as her current condition is not related to her period of active duty service. The other claims were also denied.

The Board denied the Veteran's claim for an earlier effective date of August 16, 2006 for his service connection granted for sleep apnea. The decision found that there was no clear and unmistakable error in the June 1994 rating decision denying initial service connection.

The Veteran's low back disability, which included lumbar strain, myositis, and degenerative joint disease of the lumbosacral spine, was manifested by pain; flare-ups as frequently as three times per week; flexion ranging from 0 to 80 degrees with observed pain at 60 degrees; extension ranging from 0 to 30 degrees with observed pain at 20 degrees; tenderness to palpation; spasms; guarding; and reversed lordosis. The Veteran was granted an initial disability rating of 20 percent for his low back disability prior to June 13, 2008.

The Veteran's claims for service connection for skin rash, left hand pain, left shoulder pain, eye disorder, allergic rhinitis, residuals of spontaneous pneumothorax, and PTSD were all denied. The claim for service connection for sleep apnea was granted.

The Veteran's claim for service connection for sleep apnea secondary to service-connected diabetes mellitus and PTSD is remanded.,The Veteran's claim for service connection for hypertension, to include as secondary to service-connected diabetes mellitus and PTSD is remanded.,The Veteran's claim for service connection for a skin condition (presumptive due to herbicide exposure) is remanded.,The Veteran's claim for service connection for a right ankle disability is remanded.,The Veteran's claim for service connection for a left ankle disability is remanded.,The Veteran's claim for service connection for hair loss, to include as due to herbicide exposure is remanded.,The Veteran's claim for service connection for a peptic ulcer with gastrointestinal bleeding is remanded.

The Veteran seeks service connection for obstructive sleep apnea, which he claims is related to his active military service. The Board finds that the current evidence does not provide sufficient information to make a decision on this claim and therefore remands it for further development.

The Board has determined that additional examinations and medical opinions are needed to address the Veteran's claims for service connection for various conditions, including PTSD, Alzheimer's dementia, sleep apnea, TBI, heart murmur, GERD, gastritis, and type one chiari. The case is REMANDED for these actions.

The Veteran's appeal is being remanded due to the need for additional examinations and evaluations of his lumbosacral strain and tinea versicolor.

The Veteran's claim for an increased rating for his lumbosacral spine compression fracture is being remanded due to the need for a new VA examination and additional medical records.

The Board has granted service connection for residuals of a broken nose, obstructive sleep apnea secondary to the broken nose, and low back condition with radiculopathy. The Veteran's low back condition is considered aggravated by his service-connected residuals of a broken nose.

The Veteran's claim for an increased rating for lumbosacral strain is being remanded due to the need for additional development, including a new VA examination and obtaining missing VA treatment records.

The Veteran's claim for an initial rating in excess of 30 percent for sleep apnea is being remanded due to the need for additional development, including obtaining her January 2011 sleep study records and a VA medical opinion regarding whether she requires a breathing assistance device.

The Veteran's appeal has been dismissed due to his death. The Board cannot proceed with the merits of this case as he is no longer alive.