Sleep apnea decisions — 2013

The Board found no evidence that the Veteran's current lumbosacral spine disability was incurred or aggravated by service, and denied his claim.

The Board has granted service connection for sleep apnea, but denied service connection for erectile dysfunction and vertigo.

The Veteran's appeal is being remanded for further development, including scheduling a personal hearing before the Board at his local RO.

The Board has determined that the Veteran's current sleep apnea was not manifested in service and is not linked to service, thus denying his claim for service connection.

The Veteran's claim of entitlement to service connection for metatarsalgia, bilateral feet (previously claimed as muscle pain) is dismissed due to the benefit already being in effect. The issues of entitlement to service connection for a lumbosacral spine disability, an acquired psychiatric disorder, headaches, and sleep apnea are addressed in the REMAND portion of this decision.

The Veteran's appeal is being remanded for a personal hearing before the Board of Veterans' Appeals.

The Veteran's sleep apnea was incurred during active service and is granted as service connection.

The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and conducting spine and neurological examinations.

The Board has granted service connection for erectile dysfunction secondary to service-connected diabetes mellitus, but denied the claim of service connection for sleep apnea.

The Veteran's left hip disability and peripheral vascular disease of the lower extremities have been granted initial evaluations, while his lumbosacral spine condition remains at a non-compensable level. The left hip disability is rated based on limitation of flexion, with a separate evaluation for limitation of extension.

The Board is remanding the case to obtain updated VA and private medical records, as well as any SSA disability benefits related documents. The Veteran's claims for hypertension and lumbosacral spine degenerative arthritis will be readjudicated after this additional development.

The Board has determined that the Veteran's obstructive sleep apnea originated during his active service and grants service connection for this condition.

The Board has determined that the Veteran's current low back disability, including herniated nucleus pulposus, residuals of a laminectomy to the L4-L5 disc, and degenerative joint disease of the lumbosacral spine, is at least as likely due to his in-service injury. As such, service connection for this condition is granted.

The Board found clear and unmistakable evidence that the Veteran's lumbosacral spine disability existed prior to his entry into active military service and was not aggravated by such service, thus granting service connection based on a presumption of soundness.

The Board has jurisdiction over the propriety of a compensable rating for residuals of fracture, left cheekbone, left malar. The Veteran's facial nerve damage, trigeminal nerve, is rated 10 percent since February 27, 2008.

The Veteran's claim of entitlement to an increased rating for his service-connected lumbosacral strain is being remanded due to the need for a new VA examination and additional treatment records.

The Board has granted service connection for the Veteran's obstructive sleep apnea, finding that it had its onset during his military service and is related to in-service symptoms.

The Veteran's claims for increased ratings for lumbosacral DDD with L4 wedging, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity were granted. The effective date is July 7, 2008.

The Veteran's lumbosacral spine disability has been shown to be manifested by no more than a 20 percent evaluation, and the Board finds that an increased initial evaluation is not warranted.

The Board denied an increased rating for the Veteran's service-connected lumbosacral strain with degenerative disc disease, finding that his disability did not meet or approximate criteria for a higher evaluation.