Sleep apnea decisions — 2013

The Board has determined that additional development is needed to determine the nature and etiology of any left shoulder disorder, right shoulder disorder, lumbosacral spine disorder, left ankle disorder, right ankle disorder, and right knee disorder. The case will be remanded for these purposes.

The Veteran's appeal is being remanded to obtain additional VA treatment records and for a comprehensive examination of his lumbar and cervical spine conditions.

The Veteran's sleep apnea is service-connected due to his diabetes mellitus, type II. He was granted a total disability rating for individual unemployability based on his service-connected disabilities.

The Veteran's low back disability was rated at 10 percent prior to August 11, 2010 and increased to 20 percent thereafter. The TDIU claim is granted.

The Veteran's muscle tension headaches have been granted a 30 percent rating, effective December 16, 2009. The other claims remain pending.

The Veteran's back condition is currently rated at 20 percent, and he has separate ratings for right and left lower extremity radiculopathy due to his service-connected back disability. The Board found the evidence did not support a higher rating based on limitation of motion or IVDS criteria.

The Board has determined that the Veteran does not have confirmed exposure to herbicides in service, and there is no evidence linking any of his claimed conditions to military service or to any incident therein. As such, service connection for all claims is denied.

The Board found no evidence to support the Veteran's claim of service connection for a sleep disorder, as his current symptoms are not linked to his military service.

The Board has determined that the Veteran's lumbosacral spine disability and obstructive sleep apnea are related to his military service, with the evidence being in equipoise on both issues.

The case is being remanded to the RO for further medical clarification regarding a higher rating for traumatic arthritis of the lumbar spine and whether separate ratings are warranted for associated lumbosacral radiculopathy.

The Board has remanded the case for additional development, including obtaining medical records and providing a VA examination to address the Veteran's claims for sleep apnea and hypertension.

The Veteran's claim for an increased rating for his service-connected chronic lumbosacral strain with post-cloneal nerve block and degenerative disc disease was denied. The Board found that the evidence did not support a higher disability rating.

The Board has determined that the Veteran's claimed conditions, including Systemic Lupus Erythematosus and its related symptoms, are not service-connected due to lack of evidence showing a nexus between these conditions and his military service or any in-service exposure. The claims for seizure disorder, sleep disorder (including sleep apnea), loss of balance and hand/eye coordination, mood disorder, and amnestic disorder have also been denied as they are not found to be related to the Veteran's service-connected PTSD.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted, specifically for her right knee and left foot callus of the 5th metatarsal head. As such, these claims are denied.

The Veteran's service-connected disabilities did not render him unable to secure or follow substantially gainful employment prior to May 7, 2009.

The Veteran's claim for an earlier effective date for a 40% evaluation for lumbosacral strain and degenerative joint disease of the lumbar spine was denied as there is no evidence showing that his disability warranted such a rating prior to July 26, 2007.

The Veteran withdrew his appeal for the issues of hypertension, renal dysfunction, bilateral hearing loss disability, sleep apnea, hypoxia, hypersomnia, diabetes mellitus, peripheral neuropathy of the upper extremities and peripheral neuropathy of the lower extremities prior to the Board's decision.

The Board has reopened the Veteran's claim for service connection for degenerative joint disease of the knees and remanded the claims for service connection for right foot arthritis and sleep apnea to allow for further development. The claims are being remanded due to the need for additional medical examinations.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new VA examination to assess his employability due to service-connected disabilities.

The Board has determined that the Veteran does not have sleep apnea that is related to his military service or a service-connected disability.