Sleep apnea decisions — 2012

The Veteran's chronic lumbosacral strain has been granted service connection and rated at 20 percent since January 12, 2006. The rating is based on the criteria for a chronic lumbosacral strain.

The Veteran's lumbosacral strain is currently rated at 40 percent, which is the maximum schedular rating available for this condition. The Board denied an increased evaluation beyond this level.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional medical records and a VA examination.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional development, including an addendum opinion regarding whether his current sleep apnea is aggravated by his service-connected disabilities.

The Veteran's appeal is remanded to the RO for referral to the Director of Compensation and Pension Service regarding whether a total rating based on individual unemployability (TDIU) should be granted due to his service-connected disabilities.

The Veteran's initial claim for a higher rating for her lumbosacral spine disability was granted, and she is now rated at 20 percent effective the date of the grant of service connection (April 30, 2003).

The Veteran's sleep apnea is being remanded for additional development to determine if it was permanently aggravated by his service-connected Bell's palsy.

The Board has determined that the Veteran's obstructive sleep apnea is aggravated by his service-connected chronic obstructive pulmonary disease (COPD), and therefore grants service connection for this condition.

The Board found that the Veteran's current lumbar spine disability is not related to her active duty service and denied her claim for service connection.

The Veteran's appeal is remanded for further development, including scheduling a hearing before a Veterans Law Judge at the RO.

The Board has ordered a remand to obtain additional medical opinions regarding the Veteran's obstructive sleep apnea and its relationship to his service-connected lung disability. The case will be reviewed again after this development.

The Veteran's service-connected chronic lumbosacral strain was manifested by pain and limitation of motion, but no evidence of ankylosis or incapacitating episodes. The Board granted a disability rating in excess of 40 percent for the Veteran's low back disability.

The Veteran's DDD of the lumbosacral spine was granted a 40 percent rating effective April 1, 2005.,A separate 10 percent rating for left lower extremity radiculopathy was granted effective October 5, 2011.

The Board found that the Veteran's current sleep disorder, including obstructive sleep apnea, was not incurred in or related to his military service.

The Board denied the Veteran's claims for service connection for a neurological disability of the upper extremities, sleep apnea, and tinnitus as secondary to his service-connected diabetes mellitus. The Board found that peripheral neuropathy was not manifested within one year after separation from service and is not related to service or service-connected conditions.

The Veteran's appeal of the issues regarding lumbosacral strain rating and PTSD effective date has been dismissed due to withdrawal by the Veteran.

The Veteran's obstructive sleep apnea was not present in service and is not otherwise shown to be causally related to a disease, injury or event in service. The Board has determined that an examination is not warranted for the claim of entitlement to service connection for obstructive sleep apnea.

The Board has determined that the Veteran's current back disability, diagnosed as degenerative disc disease of the lumbosacral spine, was not incurred in or aggravated by service. The preponderance of evidence does not support a finding of service connection.

The Veteran's appeal is being remanded to schedule a hearing before the Board of Veterans' Appeals.

The Veteran's claim for an initial compensable rating for Reactive Airway Disease (RAD) prior to January 9, 2007, and a rating in excess of 10 percent thereafter was denied. The evidence did not meet the criteria for any higher ratings under Diagnostic Code 6602.