Sleep apnea decisions — 2012

The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran did not meet the schedular criteria for a rating in excess of 20 percent for lumbosacral strain at any time during the appeal period.

The Veteran's appeal is being remanded to obtain additional VA treatment records and for further development, including an employability examination.

The Veteran's intervertebral disc syndrome is manifested by incapacitating episodes having a total duration of six weeks or more within the past 12 months, warranting a 60 percent rating.

The Veteran's claim for service connection for sleep apnea was denied. The right shoulder disability received a temporary 100% evaluation from April 25, 2011 based on surgical treatment necessitating convalescence and has been assigned a 20% evaluation since October 1, 2011. The Veteran's claim for an increased rating was granted to 30%, effective December 1, 2011. The right shoulder disability remains rated at 20% from June 1, 2008 to April 24, 2011.

The Board denied service connection for sleep apnea and shortness of breath, finding no current diagnosis of these conditions.

The Board found that the Veteran's lumbar strain does not warrant a rating in excess of 20 percent, as her forward flexion is no worse than 60 degrees and there is no evidence of favorable ankylosis. A separate 10 percent rating was assigned for mild incomplete paralysis of the sciatic nerve associated with the back.

The Board has remanded the claims of entitlement to service connection for sleep apnea and rhinitis due to insufficient evidence in the record, including a lack of medical opinion linking these conditions to service. The Veteran is requested to provide names and addresses of all relevant medical providers and VA records are sought.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) was denied because she failed to report for scheduled VA examinations without showing good cause.

The Board denied service connection for the claimed conditions, finding that there was no evidence of a direct relationship between any of these conditions and military service.

The Board has remanded the case for additional development, including obtaining SSA records and a VA examination to determine the current severity of the Veteran's lumbosacral strain. The TDIU claim is also on appeal.

The Veteran's back disorder, diagnosed as chronic lumbosacral strain with mild disk space narrowing at L2-L5, is etiologically related to active service and the claim for service connection is granted.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and arranging for a VA spine examination. The Veteran's claim for an increased rating for lumbosacral strain with degenerative disc disease and his TDIU claim are both on appeal.

The Board has remanded the claims for service connection for cervical and lumbosacral spine disabilities due to outstanding VA medical records that may be pertinent to these matters.

The Board finds that the Veteran's service-connected orthopedic disabilities have met the schedular criteria for TDIU throughout the pendency of this appeal, and therefore grants entitlement to a total disability rating based on individual unemployability.

The Veteran's appeal is being remanded for a Travel Board hearing at his local RO. The issues are about the evaluation of chronic lumbosacral strain with spondylosis.

The Veteran's low back disability, not including sciatica of both lower extremities, is currently rated at 40 percent and does not warrant a higher rating as there are no symptoms consistent with pronounced intervertebral disc syndrome or unfavorable ankylosis of the entire thoracolumbar spine.

The Board has granted service connection for depressive disorder with anxiety as secondary to the Veteran's service-connected fibromyalgia and lumbosacral spine disabilities.

The Veteran's claim for service connection for retinitis pigmentosa was denied as there is no evidence of a current disability and the condition is not related to his military service.

The Veteran's appeal is remanded for a new VA examination to determine the current manifestations and effects of his service-connected low back disability and right lower extremity radiculopathy, as well as an opinion on whether he is unemployable due to these disabilities. The issues include increased rating for lumbosacral strain with degenerative joint disease and initial higher rating for right lower extremity radiculopathy.

The Board has determined that the Veteran's current sleep apnea was incurred during his active service and grants his claim for service connection.