Sleep apnea decisions — 2012

The Veteran's DJD of the lumbosacral spine is currently manifested by subjective complaints and degenerative arthritic changes, but without objective findings of severe muscle spasm or abnormal gait. The Board has determined that a 10 percent rating (the minimum compensable rating) is warranted for this disability.

The Board found no evidence linking the Veteran's current low back disorder and bilateral carpal-tunnel syndrome to his active duty service, resulting in a denial of both claims.

The Veteran's lumbar spine disability is rated at 20 percent, and his left lower extremity radiculopathy secondary to the lumbar spine disability is rated separately. The claims for service connection for a cervical spine disability and bronchial condition are denied.

The Veteran's skin disability is being remanded for further development, including a VA examination to determine the nature and etiology of his current skin disorders.

The Board has granted service connection for sleep apnea and found that the Veteran's current condition had its onset during active duty. The initial disability rating for degenerative arthritis of the right ankle remains unchanged.

The Veteran's degenerative disc disease of the lumbosacral spine is currently rated at 20 percent effective January 12, 2010. His radiculopathy of the left lower extremity remains rated at 10 percent.

The Board granted service connection for a low back disability and assigned a 10 percent rating. The Veteran's current low back disability is considered to be directly related to his military service, with evidence of in-service injury and ongoing symptoms since then.

The Board has determined that additional development is needed to determine the etiology of the Veteran's claimed back and skin conditions, including whether they are related to service or any in-service exposure. The claims are being remanded for further action.

The Board has reopened the claims of service connection for a head contusion and dizziness, but the case is REMANDED to obtain additional medical opinions regarding the relationship between the Veteran's low back disability, left leg length discrepancy, and service-connected residuals of left hip fracture.

The Board denied the Veteran's claims for service connection for Obstructive Sleep Apnea and PTSD, finding that his sleep disorder is not attributable to undiagnosed illness or otherwise to his time on active duty.

The Veteran's lumbosacral strain is currently rated at 10 percent, and service connection for non-cardiac chest pain and left shoulder spasm has been granted.

The Veteran's spondylolisthesis with lumbosacral strain, disc abnormalities, and radicular symptoms is currently rated at 40 percent. The Board finds no basis for a higher rating as the evidence does not demonstrate ankylosis or incapacitating episodes.,Service connection for a bilateral leg disability (lumbar radiculopathy) cannot be granted because there is no case or controversy concerning this issue.

The Veteran's service-connected lumbosacral sprain with arthritis and DDD was previously rated at 10 percent prior to May 16, 2007. Effective from May 16, 2007, the rating was increased to 20 percent.

The Board found no evidence of a current disability related to service for sleep apnea and heart condition.,Service connection was denied as there is insufficient medical evidence linking the Veteran's current conditions to his military service.

The Board found that the Veteran's sleep apnea was not incurred during active service and denied his claim for service connection.

The Veteran's low back disorder was initially rated as noncompensable and later granted increased ratings of 10%, 20%, and 40% for different periods. The current rating is 40% effective from February 21, 2006.

The Board has determined that the appellant's current lumbosacral strain is at least as likely as not related to her active service, and thus grants service connection for this condition.

The Board has determined that there is no causal relationship between the Veteran's current chronic obstructive sleep apnea and his service-connected asbestosis or any occurrence or event in service. The Veteran's asbestosis does not meet the criteria for a compensable evaluation.

The Board found no competent evidence linking the cause of the Veteran's death to his service or any service-connected disability, and therefore denied the claim for service connection for the cause of the Veteran's death.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claims, including obtaining relevant medical records and conducting examinations.