Sleep apnea decisions — 2012

The Veteran's DDD of the lumbosacral spine is currently rated at 20 percent, and the evidence does not show that his symptoms warrant a higher rating.

The Veteran's claim for a higher disability rating for his lumbosacral strain was denied, and the TDIU claim was also denied. The current rating of 40% remains unchanged.

The Veteran's appeals have been dismissed due to his death before a decision was made by the Board.

The Veteran's claim for an earlier effective date for a separate 40 percent disability rating for sciatic radiculopathy of the left lower extremity and left foot associated with degenerative disc disease of the lumbosacral spine was granted, based on his May 2004 VA examination findings.

The Veteran's herniated nucleus pulposus of the lumbosacral spine results in mild limitation of motion, with no more than slight neurological impairment and no incapacitating episodes. The disability is currently rated at 10 percent.

The Veteran's appeal for service connection for sleep apnea has been withdrawn. The issue of service connection for enlarged heart is being remanded for further action.

The Board has determined that additional evidence is needed to properly adjudicate the Veteran's claims, including a VA examination for his headaches and an updated review of the claim file.

The Board has determined that the Veteran's sleep apnea is aggravated by his service-connected sinusitis and septal deviation, warranting service connection for this condition.

The Board has decided that the Veteran's claim of entitlement to service connection for sleep apnea should be remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Board finds that the Veteran's service-connected lumbar spine, left sciatic neuritis, and cervical spine disabilities did not cause or contribute to his death. The conditions causing his death (septic shock and pneumonia) are not related to his service or service-connected disabilities.

The Veteran's low back and right knee disabilities have been evaluated, but the claims for increased evaluations are denied as they do not meet the criteria for higher ratings under applicable VA rating criteria.

The Veteran is not entitled to a higher rate of special monthly compensation for aid and attendance under section 1114(r) due to his current SMC rates.

The Board has determined that the Veteran's sleep apnea is related to his active duty service and granted his claim for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical examinations to assess the severity of his service-connected disabilities and considering any new evidence submitted.

The Board has determined that the Veteran's claims for earlier effective dates are denied as there is no evidence showing a claim was filed prior to April 24, 2007.

The Veteran's lumbosacral strain and neurological abnormality of the left lower extremity are currently rated at 40 percent, effective February 24, 2009. The appeal is denied as there is no evidence that warrants a higher rating prior to this date.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it did not manifest in service or for many years thereafter and is unrelated to service or a service connected disability.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Jackson Hospital from March 5, 2009 to March 9, 2009 was denied as the treatment did not relate to a service-connected disability and he had other health care coverage.

The Veteran's appeal involves the effective date for a TDIU rating, which was granted in July 2006 but with an effective date of October 14, 2008. The Board is now considering whether to grant a TDIU rating prior to this effective date based on evidence showing the Veteran was unemployable due to his service-connected disabilities.

The Board found that the July 1996 rating decision, which denied reopening of a previously denied claim for service connection for a cervical spine disability, was not based on clear and unmistakable error (CUE).