Sleep apnea decisions — 2013

The Veteran's claim for service connection for obstructive sleep apnea, as secondary to her service-connected major depressive disorder and hypertrophic inferior nasal turbinates with nasal obstruction, is being remanded due to the need for a VA examination.

The Veteran's lumbosacral strain disability is currently rated at 40 percent, and the Board finds that a higher rating is not warranted.

The Board has granted service connection for traumatic arthritis of the cervical and thoracic spine, both shoulders, and lumbosacral spine. The appeal seeking a TDIU rating is being remanded due to its interdependence with these grants.

The Veteran's claims for service connection for right ear hearing loss, bilateral foot disorder (pes planus), and bilateral knee disorders have been denied. His hypertension has been granted a compensable rating of 40%. The issue of service connection for obstructive sleep apnea is not found in the decision.

The Veteran's appeal is being remanded to address the issue of service connection for sleep disorder, which may be secondary to his service-connected deviated septum. The case will be reviewed on a secondary basis.

The Board has remanded the case for a VA examination and medical opinion to determine if the Veteran's obstructive sleep apnea and restless leg syndrome are related to his service or any service-connected disability.

The Board has reopened the claim for service connection for a bilateral foot disability and granted service connection for bronchitis. The claims of service connection for bronchiectasis, GERD, hypertension, bilateral eye disorder, obstructive sleep apnea, right hip disorder, erectile dysfunction, and radiculopathy of the right lower extremity are addressed in the REMAND portion.

The Board found the evidence did not support a finding that the Veteran's obstructive sleep apnea incepted during his service or was otherwise related to his military service.

The Board granted a 40 percent evaluation for low back strain since June 8, 2010. The Veteran's claims of service connection for sleep disability and increased evaluations for left ankle sprain were also granted.

The Veteran's claim for service connection for a back disability is being remanded due to the need for additional development, including obtaining records from the VA Colorado Springs Clinic and attempting to obtain the November 1989 X-ray film.

The Veteran's service-connected lumbosacral spine disability is currently rated at 20 percent, and the Board finds that a higher rating is not warranted prior to March 30, 2010.

The Board found that the Veteran's lumbar spine disability did not meet or approximate the criteria for a rating in excess of 20 percent, as her forward flexion was not limited to 30 degrees or less and she had not been prescribed bed rest due to her disability.

The Board denied service connection for asthma, a back disorder, and a left knee disorder as the evidence did not establish an in-service incurrence or aggravation of these conditions.,There is no clear and unmistakable evidence that the Veteran's pre-existing asthma existed before his acceptance into active duty. The Board found that there was no aggravation during service.

The Board denied the Veteran's claims for service connection for sleep apnea secondary to his service-connected hiatal hernia with GERD and an increased rating for hiatal hernia with GERD.

The Veteran's sleep apnea is related to his period of active duty service and the claim for service connection is granted. The issue of a compensable disability evaluation for bilateral hearing loss is remanded.

The Veteran seeks service connection for sleep apnea, to include as secondary to his service-connected PTSD. The Board has determined that the case must be remanded due to incomplete medical records and insufficient rationale in the previous VA examination.

The Board denied the Veteran's claims for service connection for a back disability, sleep apnea, and bilateral hearing loss. The Veteran's claim for increased rating for bilateral flat feet was also denied.

The Veteran's liposarcoma of the left retroperitoneal space was not manifested during service or within one year thereafter, and is not related to any incident of service, including exposure to ionizing radiation.

The Board found that the Veteran's low back disability did not meet or approximate criteria for a higher rating, as there was no ankylosis and neurologic manifestations were not related to service-connected low back disability. The right knee arthritis with meniscus tear met the criteria for a separate 10 percent rating.

The Veteran's claims for service connection were denied, and the RO determined that new and material evidence had not been received to reopen his claim for a heart disability. The issues of increased rating for sarcoidosis, separate ratings for co-existing respiratory conditions, and earlier effective date for sleep apnea are also addressed.