Sleep apnea decisions — 2011

The Veteran's claim for an increased rating for his service-connected lumbar spine disorder is being remanded due to inadequate evaluation of the condition. The Board will seek a new VA examination and medical opinion to determine the current severity of the disability.

The Board has determined that the Veteran's service-connected conditions alone are of such severity as to preclude him from securing or following a substantially gainful occupation.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and opinions regarding the etiology of his bilateral pes planus, sleep apnea, and spastic dysphonia. The Board will consider these findings in their next decision.

The Board finds that the Veteran's back disability did not have its clinical onset in service or is otherwise related to active duty or service-connected residuals of a left medial collateral ligament tear.

The Board denied the Veteran's claim for an increased rating for his service-connected lumbosacral strain, finding that the evidence did not meet the criteria for a higher rating.

The Veteran's appeal is remanded for further development, including a VA examination to determine the nature and etiology of any diagnosed sleep disorder. The RO/AMC will then review the examination report and readjudicate the claim.

The Veteran's claim for a rating in excess of 20 percent for chronic low back syndrome with DDD, T11-S1, thoracolumbar spine was denied. The evidence showed chronic pain and limitation of motion but no ankylosis or incapacitating episodes.

The Veteran's claims for service connection for lumbosacral strain, left knee disorder, and defective vision have been denied as secondary to his service-connected right knee disability.,The Board found no evidence of a current chronic back or left knee disorder related to the service-connected right knee disability.

The Board has determined that the Veteran's current obstructive sleep apnea is related to his in-service symptoms and grants service connection for this condition. The lumbosacral strain and pes planus issues are addressed in the REMAND portion of the decision.

The Board has denied the reopening of the Veteran's claim for service connection for a chronic right shoulder disability, but granted his claim for sleep apnea.,The Veteran was previously denied service connection for his right shoulder disability in 2006. The new evidence submitted does not relate to an unestablished fact necessary to substantiate this claim.

The Veteran requested to withdraw his appeal regarding the service connection for sleep apnea, and as a result, the Board dismissed the appeal.

The Veteran's appeal is remanded due to the need for a new VA examination and additional development of his claims, including for entitlement to a TDIU.

The Veteran's low back disability is rated at 20 percent prior to May 4, 2007 and at 40 percent beginning from that date. His irritable bowel syndrome warrants a 10 percent evaluation. The Veteran's bilateral shin splints do not meet the criteria for any compensable evaluation.

The Board has determined that the Veteran's vertigo is related to acoustic trauma in active service and granted service connection for this condition. The claim for sleep apnea was not addressed due to a lack of development.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the Veteran for examinations to assess his current level of disability.

The Veteran's claim for service connection for sleep apnea is granted as the evidence shows continuity of symptoms since service and a current disability.

The Veteran's lumbosacral strain was found to not meet the criteria for a higher rating, as his symptoms did not warrant an increase beyond the current 10 percent rating.

The Veteran's appeal involves a claim for an increased rating for his right knee condition and service connection for sleep apnea. The claims are being remanded to obtain additional medical opinions regarding the severity of his knee disability and whether his sleep apnea is related to his asthma.

The Veteran's service-connected disabilities, including Meniere's syndrome with deafness and tinnitus, chronic obstructive pulmonary disease (COPD), chronic lumbosacral strain and degenerative arthritis, residuals of a left wrist injury, and residuals of a right wrist injury, have rendered him unable to secure or follow substantially gainful employment. The Board has granted the TDIU claim.

The Veteran's claim for service connection for a right hip disorder was denied as there is no evidence of a current right hip disorder. The Board found that the Veteran's complaints related to his right leg were diagnosed as neuropathy, not arthritis.