Sleep apnea decisions — 2012

The Veteran's claim for an increased rating for his postoperative lumbosacral strain with narrowing of L5-S1 with compression was denied, as the current disability does not meet the criteria for a higher rating. The TDIU claim was also denied due to the combined service-connected disabilities (40% for postoperative lumbar strain and 10% each for hallux limitus and postoperative cheilectomy) not precluding substantially gainful employment.

The Veteran's current obstructive sleep apnea is not related to active service or any incident of service.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine has been rated at 20 percent since January 1, 2005, and no higher.

The Veteran's appeals for increased ratings on the orthopedic manifestation, residuals, shell fragment wounds, spondylolysis, lumbosacral area with laminectomy and levoscoliosis and spurring L4 have been dismissed due to withdrawal of appeal. The service connection claim for an acquired psychiatric disorder has also been dismissed.

The Board has decided to remand the case due to insufficient detail in the VA examination report and the need for additional evidence regarding the onset of sleep apnea.

The Board has determined that further examination and medical opinion are needed to resolve the claim for service connection for sleep apnea due to the absence of a current medical opinion on the question of nexus. The case is being remanded to the RO for additional development.

The Board has remanded the issues of service connection for residuals of a cerebrovascular accident (CVA), left hand and shoulder, and sleep apnea to the RO for further development.

The Veteran's service-connected degenerative joint disease of the lumbosacral spine and radiculopathy of both lower extremities have not met the criteria for higher initial disability evaluations.

The Board has determined that the Veteran does not have a current knee disability, bilateral hearing loss, sleep apnea, acid reflux, or bone disease. The claim for service connection is denied as there is no evidence of a current disability.

The Veteran's claims for service connection and increased evaluations are being remanded due to the need for additional development, including VA examinations and requests for SSA records.

The Board finds that the evidence is in equipoise regarding whether the Veteran's right hip bursitis and lumbosacral strain are caused by his service-connected right knee and ankle disabilities. Service connection for these conditions is granted.

The Board has found that additional development is needed to obtain outstanding private treatment records from the Veteran's identified physicians. The appeal will be remanded for this purpose.

The Veteran's appeal is being remanded for additional development, including obtaining verification of his military service and scheduling examinations to assess the severity of his sleep apnea and left knee disability.

The Board has determined that the Veteran's sleep apnea began during her service and continues to this day, granting her claim for service connection.

The Board denied the Veteran's claims for service connection for post-operative residuals of a deviated nasal septum and obstructive sleep apnea, finding that there was no clear and unmistakable evidence to show that the preexisting conditions existed prior to service or were aggravated by service.

The Veteran withdrew her appeal for the issues of service connection for right and left knee disabilities, a back disability (lumbosacral), and a right elbow disability at the Board hearing. The remaining issue of an initial rating in excess of 10 percent for psoriasis is addressed in the REMAND portion.

The Veteran's appeal is being remanded for further development, including obtaining SSA records and scheduling VA examinations to assess the severity of his cervical spine degenerative disc disease, internal hemorrhoids, inguinal hernia, and lumbosacral spine disability.

The Veteran's claims for increased ratings for PTSD and diabetes mellitus were denied. The Board found that the evidence did not show that his diabetes required regulation of activities, nor did it reflect any further compensable complications of diabetes. For PTSD, the Board noted that while he had some symptoms consistent with a 70% rating, such as suicidal ideation and unprovoked irritability, these were not shown to be present at any time during the appeal period.

The Board has determined that further development is required in order to determine the etiology of the Veteran's sleep apnea and whether it is related to his active service. The case is therefore REMANDED for a VA examination.