Sleep apnea decisions — 2012

The Veteran's hepatitis, bilateral hearing loss, and other conditions are all found to be related to his service. The Veteran is granted service connection for these conditions.

The Veteran's service-connected degenerative arthritis with lumbosacral strain does not meet the criteria for a higher evaluation, as his range of motion and symptoms do not approximate those required for any higher rating.

The Board has remanded the case for additional development, including obtaining medical opinions and records. The Veteran's claims for service connection are pending.

The Board is requesting a clarification of the medical opinion regarding whether the Veteran's current low back disability, including degenerative disc disease of the lumbosacral spine, was incurred in service. The case will be remanded for another VA examination to consider all relevant evidence and provide an updated analysis.

The Veteran's service-connected thoracolumbar spine disability is rated at 40 percent, the highest schedular rating available for ankylosis of the entire thoracolumbar spine.

The Board has determined that the Veteran's sleep apnea is related to his service, meeting all elements of service connection.

The Veteran's low back disability has been manifested by pain and limitation of motion, but not productive of favorable or unfavorable ankylosis. The current rating does not meet the criteria for a higher rating.

The Board found that the Veteran's nerve damage and lumbosacral strain were not incurred or aggravated by service, and thus denied both claims.

The Veteran's service-connected chronic lumbosacral strain was granted a 20 percent rating effective December 14, 2011. The prostate cancer and prostatitis were not separately rated as they are considered part of the same disability picture.

The Veteran's sleep apnea was diagnosed during service and is considered to have started there, warranting service connection.

The Board has determined that the Veteran's service-connected PTSD caused his alcohol/drug abuse, which in turn contributed to his fatal pancreatic cancer. Therefore, service connection for cause of death is granted.

The Veteran's claims for increased ratings for his cervical spine, lumbosacral spine, and right knee disabilities have been denied. The VA has not provided a disability rating in excess of the current assigned ratings.

The Veteran's degenerative disc disease of the lumbosacral spine was not incurred in or aggravated by active military service, and his disability rating for a lumbar spine disorder is denied.

The Veteran's appeal was denied for a higher rating for his service-connected low back disability and for service connection for a sleep disorder. The Board found that the current manifestations of his low back disability do not warrant a rating in excess of 10 percent, and did not find evidence to support service connection for a sleep disorder.

The Board has remanded the case for additional development to address issues related to service connection and rating of various disabilities, including psychiatric disorders, diabetes mellitus, vision disability, and sleep apnea.

The Veteran's claim for a gynecological disorder is denied as there is no evidence of a current disability and the claimed conditions are not related to service.,The Veteran's claim for chronic sinusitis is denied as there is no evidence of a current disability and the claimed condition is not related to service.

The Board has determined that the Veteran's bilateral hearing loss is related to his military service and grants service connection for this condition.

The Board denied the Veteran's claims for service connection for bilateral hearing loss disability and sleep apnea, finding no evidence of a current disability related to his military service. The claim for reopening a skin disorder was also denied due to lack of new and material evidence.

The Veteran's claims for increased ratings for his service-connected degenerative disc disease of the lumbosacral spine and left knee gout are being remanded due to incomplete examinations and need further development.

The Veteran's TDIU claim is being remanded for additional development, including obtaining SSA records and a VA examination to assess his employability due to service-connected disabilities.