Sleep apnea decisions — 2012

The Veteran's sleep apnea is not service connected, and his prostate cancer residuals claim does not meet the criteria for an earlier effective date.

The Veteran's temporary total evaluation based on convalescence from May 2003 lumbar spine injections is denied as she did not require at least a one-month period of convalescence following the procedure.

The Board has reopened the Veteran's claim for service connection of a low back disorder and granted it, finding that new evidence supports the claim. The diagnosis is attributed to having had its onset in service.

The Veteran's claims for increased ratings for lumbosacral back pain and non-specific gastritis were denied as there was no evidence of ankylosis or other conditions that would warrant a higher rating. The service-connected conditions are well-controlled, with no indication of severe hemorrhages or ulcerated areas.

The Veteran's appeal is being remanded for a video conference hearing before a Veterans Law Judge. The issues of increased rating for lumbosacral strain, benefits pursuant to 38 U.S.C.A. § 1151 for a heart disorder, and total disability rating based on individual unemployability due to service-connected disabilities are pending.

The Board has granted service connection for spondylolisthesis resulting in spinal fusion of the lumbosacral spine and increased disability rating for lumbosacral strain. The decision is based on evidence showing a nexus between current symptoms and the Veteran's in-service injury.

The Board has granted service connection for erectile dysfunction as secondary to the Veteran's service-connected hypertension and for obstructive sleep apnea, which was initially manifested during his active service.

The Veteran's appeal is being remanded for a Board hearing. He requested evaluations and service connection for his conditions, but the rating assigned and effective date are not specified.

The Veteran's lumbosacral strain with degenerative changes does not result in unfavorable ankylosis of the thoracolumbar spine, and therefore, he is not entitled to a rating in excess of 40 percent.

The Board has determined that the Veteran's current sleep apnea is not related to his military service, as there was no definitive link between mild sleep apnea diagnosed in 2009 and his period of active duty. The preponderance of evidence does not support a finding of service connection.

The Board has reopened the Veteran's claim for service connection for a cervical spine disorder, but denied the underlying claim as there is no evidence of a current disability related to his military service.

The Board has determined that the Veteran's sleep apnea had its onset during service and is related to his military service, granting him service connection for this condition.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before a Veterans Law Judge of the Board at the local RO.

The Veteran's service-connected chronic lumbosacral strain is currently rated at 40 percent, which is the maximum schedular rating available for this condition. The Board denied an increased evaluation in excess of 40 percent.

The Board found that the Veteran's current low back disabilities are related to his service, including a back injury sustained during active duty in May 1957.

The Board has remanded the case for further action due to an inextricably intertwined issue of service connection for 'leg length inequality'. The Veteran's appeal must be again remanded to the RO for adjudication of this issue.

The Veteran's claim for service connection for sleep apnea was granted with an effective date of September 21, 2007.

The Board found that the Veteran's current obstructive sleep apnea was not incurred in or aggravated by his active military service, and is not otherwise related to his service-connected disabilities.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain with arthritis and degenerative joint and disc disease was denied. The current disability is rated at 20 percent, which reflects the limitation of forward flexion to a degree that does not meet the criteria for higher ratings under the General Rating Formula for Diseases and Injuries of the Spine.

The Veteran asserts that his sleep apnea had its onset during service and is related to his service-connected disabilities. The case is being remanded for a VA examination to determine the nature and etiology of his sleep apnea, including whether it is related to military service or any service-connected conditions.