Sleep apnea decisions — 2011

The Veteran's claims for an increased evaluation for his lumbar spine disability and TDIU are being remanded due to the need for additional development, including consideration of new evidence.

The Board is remanding the case for further development, including VA examinations and readjudication of the Veteran's claims due to issues regarding service connection.

The Veteran's service-connected disabilities do not meet the eligibility requirements for specially adapted housing or a special home adaptation grant.

The Veteran's service-connected lumbosacral strain disability is found to prevent him from securing or following a substantially gainful occupation, and he is granted Total Disability Rating Based on Individual Unemployability (TDIU).

The Veteran's service-connected lumbosacral strain is not manifested by forward flexion of the thoracolumbar spine 30 degrees or less, ankylosis, incapacitating episodes as defined by VA regulations having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months, nor associated neurologic impairment other than the already separately evaluated right lower radiculopathy. The Veteran's current claim was received by VA on August 22, 2005, and the record reflects he has had symptoms of radiculopathy associated with the service-connected lumbosacral strain since at least that time.

The Veteran's sleep apnea is considered to have started during his service in Iraq and has continued since. The Board therefore grants service connection for sleep apnea.

The Veteran's claims for increased ratings for lumbosacral strain are being remanded due to the need for additional development, including obtaining private treatment records and arranging for a VA spine examination.

The Board has determined that the Veteran's current sleep apnea syndrome was not incurred or aggravated during service, and thus denied his claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining complete SSA disability benefits records and an addendum to the May 2011 VA examination.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a VA examination and additional development. His diabetes mellitus, type II, claim was previously denied but he wishes to reopen it.

The Veteran's claims for increased evaluations for lumbosacral strain and right lower extremity radiculopathy are being remanded to obtain additional medical records, provide the Veteran with a current examination, and ensure all development actions have been completed.

The Veteran's lumbosacral strain is currently rated at 10 percent, effective December 15, 2007. The claim for an earlier effective date has been granted.

The Board has ordered additional development due to the need for more detailed explanations of the VA examiner's conclusions regarding the relationship between the Veteran's conditions and service or service-connected disabilities.

The Veteran seeks service connection for a lumbosacral spine disability. The RO observed that the Veteran's service treatment records are negative for a diagnosis of or treatment for a low back disability, but military records confirm participation in combat operations during service in Vietnam. Pursuant to 38 U.S.C.A. § 1154(b), with respect to combat veterans, VA shall accept as sufficient proof of service-connection satisfactory lay or other evidence of service incurrence or aggravation of such injury or disease if consistent with the circumstances, conditions and hardships of such service. The Veteran has asserted a history of chronic low back pain since service separation.

The Veteran's claim for spousal aid and attendance benefits is granted with an effective date of June 29, 2007.

The Board has determined that additional development is needed to determine if the appellant's right knee, low back, and sleep apnea disabilities are related to his service-connected left knee disability or other conditions. The case is being remanded for further action.

The Veteran's claims for increased ratings were denied as his service-connected lumbosacral and thoracic strain with degenerative changes did not meet the criteria for a higher rating.

The Board denied the Veteran's service connection claims for sleep apnea syndrome, chronic left shoulder strain with laxity, muscle and joint pain of hands, and short term memory loss due to lack of evidence linking these conditions to his military service.

The Veteran's lumbosacral strain was previously rated at 10 percent and increased to 20 percent effective May 2, 2011.

The Board has determined that the Veteran's sleep apnea was first manifested during his active duty service and grants service connection for this condition.