Sleep apnea decisions — 2013

The Veteran's appeal is being remanded for additional development, including obtaining VA clinical records and scheduling an examination to assess the severity of his PTSD.

The Board has determined that the Veteran's sleep apnea was incurred in service and granted service connection. The Veteran's herniated nucleus pulposus L3-L4 with degenerative joint disease L4-L5 and L5-S1 is currently rated at 10 percent, but does not meet criteria for a higher rating.

The Veteran's claim for increased ratings for his service-connected lumbosacral spine disability is being remanded to obtain additional medical records and to schedule the Veteran for an examination during a flare-up of symptoms.

The Veteran's appeal is being remanded for additional development to determine the etiology of his claimed conditions, including hearing loss, tinnitus, and sleep apnea.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for a deviated septum, erectile dysfunction, and sleep apnea. The claim for service connection for these conditions is granted as they are found to be related to active duty service.

The Board denied service connection for a low back disability and PTSD in February 2006, finding no new evidence to support the claims. The Veteran's petition to reopen these claims has been granted.,Service connection for PTSD is reopened based on new evidence provided since the last final denial.

The Board has determined that the severance of service connection for right hip degenerative arthritis effective as of September 30, 2010 was improper. The Veteran's claim for service connection for a lumbosacral spine disorder remains pending.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a new VA examination to assess the current severity of the service-connected lumbar spine disability.

The Veteran's appeal for higher ratings for lumbosacral strain/sprain with disc herniation at L4-L5 and lumbar radiculopathy of the left lower extremity prior to January 29, 2013 was denied. The Veteran received a 10% rating for the left lower extremity condition since that date.

The Veteran's service-connected disabilities do not render him unemployable, as he is capable of securing and following substantially gainful employment.

The Board has determined that the Veteran's obstructive sleep apnea is related to his military service and grants service connection for this condition.

The Veteran's lumbosacral strain is currently rated at 20 percent, and her MDD warrants a 70 percent rating. The Board finds no basis to grant increased ratings for either condition.

The Veteran's claims for service connection for bilateral knee disability, bilateral hearing loss, and TDIU were denied. The appeal is not about service connection at all.

The Board found that the Veteran's service-connected lumbosacral strain did not meet or approximate the criteria for a rating in excess of 10 percent, as there was no evidence of forward flexion limited to between 30 and 60 degrees or combined range of motion less than 120 degrees.

The Veteran's claim for a higher initial rating for his service-connected lumbosacral strain with scoliosis and radiculopathy was granted, effective May 10, 2011. Separate ratings of 60 percent were assigned for the left lower extremity (LLE) radiculopathy of the sciatic nerve and a separate 20 percent rating for the right lower extremity (RLE) radiculopathy of the sciatic nerve. The effective date for these increased ratings was set at May 10, 2011.

The Veteran's claim for increased ratings for his service-connected low back disability is being remanded due to the need for additional development, including a new VA examination and consideration of neurologic symptoms.

The Board found that the Veteran's sleep apnea was not incurred in or aggravated by active service, and is not proximately due to, the result of, or aggravated by, service-connected disabilities.

The Board has determined that the Veteran's obstructive sleep apnea is attributable to his service, and grants service connection for OSA.

The Board has granted service connection for obstructive sleep apnea and tinnitus, finding that the Veteran's conditions are related to his active military service.

The Veteran's appeal is being remanded for additional development, including VA examinations to determine the relationship between his current sleep apnea and psychiatric disorders with his military service or a service-connected right knee disability.