Sleep apnea decisions — 2013

The Veteran's low back disability is currently rated as 20 percent disabling, but the Board finds that it does not meet the criteria for a higher rating based on limitation of motion or incapacitating episodes.

The Veteran's claim for higher ratings on her interstitial cystitis, lumbosacral strain, left and right lower extremity polyneuropathy is being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's claim for an increased rating for lumbosacral strain is being remanded due to the need for additional development, including obtaining updated VA and private treatment records, arranging for a VA spine and peripheral nerves examination, and ensuring all pertinent evidence is considered.

The Veteran's claims for residuals of bilateral ankle sprains, right knee disorder, and bilateral pes planus have been reopened. Service connection is granted for these conditions.,Service connection has also been granted for chronic obstructive sleep apnea, but the claim remains pending as new evidence was submitted.

The Veteran's obstructive sleep apnea with bronchial asthma is rated at 50 percent, the maximum rating available under Diagnostic Code 6847. The Veteran's bilateral plantar fasciitis does not meet any specific criteria for a separate rating.

The Board has found that the Veteran's obstructive sleep apnea is related to his service, specifically his deployment in Kuwait and Iraq during the Gulf War. The Board also found that he had symptoms of a respiratory disability since service separation.

The Board has remanded the issues of service connection for sleep apnea and hypertension due to potential service exposure, but did not specify a rating or effective date.

The Board has determined that the Veteran's current sleep apnea is causally related to his military service, and thus grants entitlement to service connection.

The Veteran's claim for an earlier effective date for service connection of coronary artery disease was denied as the December 1968 rating decision denying service connection due to pre-existing cardiomegaly was not clearly and unmistakably erroneous.

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

The Veteran's lumbosacral strain was rated at 10 percent prior to April 22, 2013, and at 20 percent thereafter. The VA determined that the condition warranted a higher rating based on more severe limitation of motion.

The Veteran is seeking service connection for obstructive sleep apnea, which he contends was caused or aggravated by his service-connected Bell's palsy. The Board has decided to remand the case for additional development.

The Veteran's claim for service connection for sleep apnea, as secondary to a service-connected disability, is being remanded due to the need for an adequate medical examination and expert opinion.

The Veteran's service-connected disabilities, including his mood disorder, degenerative disc disease of the lumbosacral spine, left sided leg weakness, and tinnitus, have rendered him unable to perform activities of daily living without regular aid and attendance from another person. His need for such assistance is due to his severe lower extremity weakness caused by his service-connected degenerative disc disease.

The Board has determined that additional actions are required to address the Veteran's claims, including clarifying whether a psychiatric disorder claim is resolved and scheduling a videoconference hearing.

The Veteran's sleep apnea disability is rated at 50 percent effective March 16, 2011.

The Veteran's service-connected lumbosacral strain disability is currently rated at 20 percent, effective November 3, 2011. The rating has been granted for the orthopedic manifestations of the condition and separate ratings have been assigned for left and right lower extremity radiculopathy.

The Veteran's claim for a higher rating for his service-connected lumbosacral strain disability is being remanded due to the need for additional development, including obtaining updated VA treatment records and scheduling the Veteran for a comprehensive VA examination.

The Veteran's appeal is remanded to obtain additional medical records, conduct VA examinations for his right hip and sleep apnea claims, and determine if he is unemployable due to service-connected disabilities.

The Veteran's service connection claim for obstructive sleep apnea is granted, and the Board finds that his symptoms during military service were more likely due to stress or other causes than to sleep apnea. The Veteran's lumbar spine and bilateral knee disabilities are remanded for additional examinations.