Sleep apnea decisions — 2012

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional medical examination and consideration of his testimony regarding the onset of his condition.

The Veteran's claims for increased ratings for lumbosacral pain and neck pain with decreased range of motion of the cervical spine were denied. Service connection for spinal stenosis was also denied.

The Veteran's appeal is being remanded for a hearing before a Veterans Law Judge at the San Juan, Puerto Rico RO.

The Board has determined that additional evidence is needed to fully and fairly consider the Veteran's claims for service connection, including VA treatment records, private medical records, employment records, and SSA disability records.

The Veteran's tinnitus is found to be as likely as not related to his military service. The respiratory disorder, diabetes mellitus, and obstructive sleep apnea are all found to be less likely than not related to his military service. The vision disorder is also found to be less likely than not related to his military service.

The Veteran's lumbosacral strain with degenerative disc disease has been rated at 40 percent since May 1, 1989. The current rating is maintained as there is no evidence of ankylosis or incapacitating episodes in the last 12 months.

The Veteran's lumbar spine disorder is currently rated at 20 percent, the maximum schedular rating available for this condition.

The Board has remanded the case for further development due to inadequate VA examinations and failure to address specific questions posed in prior remands.

The Veteran's appeal was dismissed due to his death, and the claim has become moot.

The Veteran's claims for service connection for a right thumb disability and sleep disability have been denied as there is no current evidence of these conditions. The claim for service connection for residuals of a right ankle fracture remains pending.

The Veteran's claims for service connection for headaches, bilateral pes planus, left ankle disability, and sleep apnea were denied. The Board found that the Veteran did not have current disabilities related to these conditions as a result of service.

The Board has determined that the Veteran's appeals for reopening his claims of service connection for bilateral hearing loss, left shoulder disability, and lumbosacral strain have been withdrawn. The claim for an increased rating for right shoulder osteoarthritis was denied as there is no evidence showing a higher rating is warranted based on current symptoms.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to assess the severity of his service-connected lumbosacral spine disorder and left knee disorder.

The Board finds that the Veteran's preexisting spondylolisthesis did not undergo a permanent increase in severity during active duty service and thus, his current back disability is not attributable to service.

The Veteran's service-connected disabilities do not render him helpless or so disabled that he needs regular aid and attendance from another person.

The Veteran's skin disorder on the face and neck was not incurred in or aggravated by service. The Board denied his claim for this condition as there is no competent evidence showing a current disability related to service. His sleep apnea was also denied, with the Board finding that it did not have its onset during service and attributing any current symptoms to other causes.

The Veteran's need for aid and attendance is not due to his service-connected low back disability alone, but rather related to multiple nonservice-connected disabilities including blindness and cognitive impairment. The Board denies the claim of entitlement to special monthly compensation based on the need for regular aid and attendance.

The Board has determined that the Veteran's sleep apnea is related to his service, granting his claim for service connection.

The Veteran's representative withdrew the appeal for service connection of low back pain with bilateral lumbosacral paraspinal spasm, range of motion deficit, and lower extremity weakness.

The Veteran's low back disability was rated at 20 percent prior to March 26, 2011. The Board found that the evidence did not support a higher rating based on his symptoms and range of motion.