Sleep apnea decisions — 2011

The Veteran's claim for increased ratings for lumbosacral strain is being remanded to the RO for further development and consideration of newly submitted evidence.

The Board denied service connection for migraine headaches, bipolar disorder, and residuals of a fractured left wrist. The claim for reopening the low back pain was also denied.

The Veteran's appeal is being remanded due to his request for a travel Board hearing. The issues of entitlement to service connection and initial compensable rating for various conditions are pending.

The Board has determined that the Veteran's sleep apnea is likely to have started during his military service and continues to this day, granting his claim for service connection.

The Board has determined that the Veteran's sleep apnea was not incurred or aggravated during service and is therefore denied.

The Veteran's service-connected lumbosacral strain with degenerative disc disease is currently manifested by forward flexion to 55 degrees, extension to 0 degrees, right and left lateral flexion to 20 degrees, right and left lateral rotation to 20 degrees; pain on range of motion; up to 40% decrease in pinprick sensation of the lower extremities; and slightly decreased ability to toe and heel walk on the right. The disability does not meet criteria for a higher rating as it has not resulted in ankylosis or incapacitating episodes requiring prescribed bed rest.