Sleep apnea decisions — 2012

The Veteran's sleep apnea is considered to be causally related to his active duty service, and the Board has granted service connection for this condition.

The Board has denied the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected diabetes mellitus type II, finding that there is no evidence-based medicine suggesting a causal relationship between the two conditions.

The Veteran's appeal is being remanded for a new hearing before a Veterans Law Judge via video conference. The issues include seeking an increased evaluation for his right sternoclavicular joint, service connection for GERD secondary to that condition, and reopening of his sleep apnea claim.

The Board has granted service connection for bilateral plantar fasciitis, but the issue of service connection for sleep apnea is remanded due to incomplete information and need for further examination.

The Veteran's lumbosacral spine disability was rated at 10 percent prior to November 18, 2008, and increased to 40 percent thereafter.

The Veteran's claim for higher ratings for degenerative disc disease of the lumbosacral spine was denied. The Board found that before October 12, 2010, the disability did not meet the criteria for a rating higher than 20 percent and from October 12, 2010, it did not meet the criteria for a rating higher than 40 percent.

The Board has remanded the case due to new evidence submitted by the appellant and a need for a medical opinion regarding whether the Veteran's service-connected conditions contributed to his death.

The Veteran's sleep apnea was found to be related to his military service, and the Board granted service connection for this condition.

The Board denied service connection for hypothyroidism, degenerative disc disease of the lumbosacral spine, and spondylosis and spinal stenosis of the cervical spine. The conditions were not found to be related to service or any presumptive exposure.

The Veteran's TDIU claim is being remanded for additional development, including obtaining medical records and scheduling a VA examination. The sleep apnea claim will be adjudicated separately.

The Veteran's low back disability, postoperative lumbosacral disc disease, is currently rated at 20 percent and does not meet the criteria for a higher rating based on limitation of motion or incapacitating episodes.

The Board has granted the Veteran's increased ratings for his radiculopathy of the left and right lower extremities, internal derangement of the left knee, and lumbosacral strain with X-ray evidence of narrowing at L5-S1 and degenerative disc disease.

The Veteran's back disability was granted a 40 percent rating effective August 5, 2010. His tinnitus claim was reopened and service connection was established. Bilateral hearing loss did not meet the criteria for a compensable evaluation.

The Board has remanded the case due to the need for additional development, including obtaining missing service records and arranging for VA examinations.

The Board has determined that the Veteran's lumbosacral degenerative disc disease and arthritis, residual of lumbosacral strain warrants a 40 percent evaluation since March 1, 2000. Prior to this date, the disability was not manifested by pronounced intervertebral disc syndrome.

The Veteran was granted a noncompensable initial disability rating for sleep apnea prior to October 11, 2007.,An initial disability rating of 50 percent is assigned from October 11, 2007 to the present.

The Board found that the Veteran's obstructive sleep apnea was not incurred in or aggravated by active service, nor caused or aggravated by a service-connected disability.

The Board has remanded the claims for service connection due to new and material evidence having been presented. The Veteran's right hip, shoulder, sleep apnea, and knee conditions are still under review.

The Veteran is seeking service connection for obstructive sleep apnea. The Board has determined that a VA examination and additional medical records are needed to properly adjudicate the claim.

The Veteran's lumbosacral strain and associated radiculopathy of the right lower extremity were granted increased ratings, with a combined evaluation of 20 percent effective from November 4, 2010.