Sleep apnea decisions — 2012

The Board found that the Veteran's low back disability, including lumbosacral strain, contusion of the lumbar spine, and spondylosis of the lumbar spine, did not meet the criteria for service connection as it was not incurred in or aggravated by active military service.

The claims of service connection for a cervical spine disability, sleep apnea, and hypertension are being remanded due to incomplete records from the National Guard. The deviated nasal septum claim is denied as it does not result in obstruction of the nasal passages.

The Veteran's representative withdrew the appeal regarding his claim for a higher rating for lumbosacral strain, resulting in the dismissal of the case.

The Veteran's lumbosacral strain with radiculopathy to the left leg is currently rated at 20 percent, reflecting a moderate disability.

The Board found that the Veteran did not have obstructive sleep apnea syndrome in service or due to a service-connected condition, and thus denied his claim for service connection.

The Veteran's claims of entitlement to service connection for breathing problems, including sleep apnea; a bump on the right side of the chest; and a back disability are being remanded due to the need for additional development.

The Board found that the preponderance of evidence does not support a finding that the Veteran's current lumbosacral spine disability is related to service, including as secondary to his service-connected bilateral knee disabilities.

The Veteran's claims for increased ratings for low back and cervical spine disorders are being remanded due to the need to obtain additional medical records.

The Veteran's claim for an increased rating and service connection for secondary disabilities of the left foot, ankle, and knee to his service-connected lumbosacral strain, lumbar disc herniation L4-L5 was denied. The current evaluation for the back disability is 40 percent.

The Board has remanded the case due to missing service treatment records and a need for further medical examination. The Veteran's claims will be reconsidered based on the additional evidence.

The Board has determined that the Veteran's low back disability is service connected, with no specific rating assigned and no effective date provided.

The Board found that the Veteran's obstructive sleep apnea was not caused by or aggravated by his service-connected disabilities, including low back strain with degenerative disc disease and PTSD.

The Veteran's degenerative disc disease, lumbosacral spine was not shown to meet the criteria for a higher rating prior to August 13, 2008. The reduction from 20% to 10% effective October 1, 2010 was proper.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected right knee disability. The remaining claims are addressed in the REMAND portion of this decision.

The Board finds that the Veteran's right knee disability, diagnosed as chondromalacia, is related to his military service. Additionally, the evidence supports a finding of unemployability due to service-connected disabilities, particularly PTSD.

The Veteran's service connection claims for PTSD, depression, and breathing disorder (other than sleep apnea) are granted. Service connection is also granted for bilateral hearing loss and left leg disorder.

The Board has remanded the Veteran's claims for additional development due to inadequate examination reports. The issues of entitlement to service connection for an acquired psychiatric disorder and sleep apnea are being reviewed.

The Veteran's chronic sleep apnea has been granted a 50 percent disability rating, effective March 4, 2009. The PTSD remains rated at 30 percent.

The Board found that the Veteran's lumbosacral strain did not meet or approximate criteria for an initial evaluation in excess of 10 percent prior to July 3, 1996.

The Veteran's degenerative disc disease of the lumbar spine is aggravated by his service-connected residuals of fracture of the calcaneus of the left foot. The Board grants service connection for this condition.