Sleep apnea decisions — 2011

The Veteran's appeal is remanded due to procedural confusion and the need for additional development regarding his service-connected lower back disability, including degenerative disc disease.

The Board granted a higher disability rating of 40 percent for the Veteran's service-connected lumbosacral spine disorder, effective December 26, 2010. The rating is based on significant limitation of motion.

The Veteran's lumbosacral strain with degenerative disc disease and osteophytes was evaluated as non-compensably disabling from April 1, 2005, to May 19, 2010. From May 20, 2010, forward, the disability has been rated at 10 percent.

The Board has granted service connection for hypertension, sleep apnea, and diabetes mellitus. The Veteran's hypertension is found to have begun in service and was aggravated by his service-connected sleep apnea. His sleep apnea is found to have begun in service and is related to his service-connected sleep apnea. Diabetes mellitus is found to be caused by the Veteran's service-connected sleep apnea.

The Board has denied the Veteran's claims of service connection for congestive heart failure, bilateral hearing loss, breathing problems and/or sleep apnea, and a psychiatric disorder. The evidence does not support a finding that these conditions are related to service.

The Veteran's claim for an evaluation in excess of 20 percent for his service-connected post traumatic lumbosacral strain/sprain superimposed with a herniated disc and spinal fracture at S2 was denied as the evidence did not meet the criteria for a higher rating.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine is granted with a rating of 20 percent effective July 17, 2008. The ratings for varicose veins in both lower extremities and chondrocalcinosis of the left knee are denied. The Veteran's residual scar from the excision of a cyst on his wrist is also granted.

The Veteran's lumbosacral spine condition is currently rated at 10 percent disabling, and his right hand osteoarthritis does not warrant a compensable evaluation. The bilateral wrist disability has been granted service connection.

The Board has determined that the Veteran's sleep apnea is not related to his military service, including being secondary to his service-connected PTSD.

The Veteran's service-connected low back disability has been rated at 40 percent since July 11, 2011. Prior to that date, the rating was granted but not for a period of time when he had less than full forward flexion.

The Veteran's claims for increased ratings for his lumbosacral strain with degenerative disease and radiculopathy are being remanded due to the need to obtain additional service treatment records from his second period of active duty.

The Board has determined that a VA examination and medical nexus opinion are necessary to properly resolve the claim of entitlement to service connection for obstructive sleep apnea, as it is related to the Veteran's service-connected PTSD.

The Board has granted a higher initial rating of 20 percent for degenerative disc disease of the lumbosacral spine, effective May 20, 2006. The Veteran's right and left lower extremity radiculopathy are each rated at 10 percent.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the left ear hearing loss did not warrant a compensable evaluation.

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

The Board has determined that the Veteran's lumbar spine disorder was not incurred in or aggravated by active service and may not be presumed to have been incurred therein. The cervical spine and left shoulder disorders are currently unresolved issues.

The Board found that the Veteran's sleep apnea and hypertension were not incurred in or aggravated by his service. The medical evidence did not support a connection to his service, including an in-service motor vehicle accident.

The Board has granted a 10 percent rating for lumbosacral strain since January 1, 2009. The Veteran's service-connected lumbosacral strain is currently manifested by chronic back pain with no evidence of forward flexion of the thoracolumbar spine less than 60 degrees; a combined range of motion of the thoracolumbar spine in excess of 120 degrees; normal motion of the thoracolumbar spine; and no muscle spasms, guarding or localized tenderness severe enough to result in an abnormal gait or abnormal spinal contour.

The Veteran's claim for service connection for hoarseness secondary to his cervical fusion of the lateral intervetebral disc C5-6 has been reopened and granted. The Veteran is also entitled to special monthly compensation based on the need for regular aid and attendance due to his multiple service-connected disabilities.

The Board has granted a 20 percent disability rating for the Veteran's service-connected lumbosacral strain, effective from June 2002. The Veteran also receives a separate noncompensable disability rating for nocturia related to his lumbar spine disability.