Sleep apnea decisions — 2013

The Board has remanded the case for additional development to determine if the Veteran needs regular aid and attendance due to his service-connected low back disability. The Veteran is currently service connected for recurrent lumbosacral strain with degenerative disc disease, but the VA examiner's findings are inadequate for a reasoned determination.

The Board has remanded the case for further development, including a new VA examination to address whether the Veteran's sleep apnea began in service and if his asthma aggravated his sleep apnea. The claim will be reconsidered after this additional development.

The Veteran's claims for service connection for degenerative disc disease of the lumbosacral spine, bilateral hearing loss, and tinnitus were denied as there is no evidence that these conditions are related to his military service. The claim for residuals of asbestos exposure was not addressed due to lack of a diagnosis.

The Board found that the Veteran's current lumbar spine disorder is not related to his service and denied his claim for service connection.

The Board has found that the Veteran's obstructive sleep apnea is not related to or aggravated by his service-connected deviated nasal septum. The claim for arthritis of multiple joints was remanded and will be addressed in a separate decision.

The Veteran is entitled to a TDIU from March 12, 2007 due to service-connected disabilities that rendered him unemployable.

The Board granted a TDIU from September 20, 2004 based on the Veteran's service-connected disabilities meeting the combined percentage threshold criteria under 38 C.F.R. § 4.16(a).

For the period from June 8, 2011, the Veteran's service-connected lumbosacral strain with mechanical low back pain has been manifested by limited motion and pain. The VA examination reports do not support a higher rating.

The Veteran's appeal is being remanded due to the need for clarification of private audiological reports and a new VA examination, as well as issuance of an SOC on the increased rating and reopening claims.

The Veteran's right knee disability has been rated at 20 percent since December 2008. The claim for an increased rating is granted.

The Veteran's claims for service connection for sleep apnea and PTSD are being remanded due to the need for additional development, including obtaining VA treatment records and conducting medical examinations.

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

The Veteran's service connection claim for a back disability is granted, and his left ankle injury residuals are rated at the lowest possible rating of 10 percent.

The Veteran's claim for increased ratings for lumbosacral strain is being remanded due to the need to consider former rating criteria and additional development.

The Veteran's claim for a higher rating for voiding dysfunction, as a residual of adenocarcinoma of the prostate, is denied. The RO has granted a 40 percent rating for this disability.

The Board has determined that additional medical examination and opinion are needed to address the Veteran's claims for service connection for bilateral knee disability and low back disability. The claims will be remanded to allow for this development.

The Board denied the Veteran's claims for service connection for various conditions, including left knee injury, low back disorder, bilateral shoulder disorders, hypertension, erectile dysfunction, obstructive sleep apnea, restless leg syndrome (RLS), and sinusitis. The decision is based on a finding that these conditions are not related to military service.

The evidence does not support a finding that the Veteran's sleep apnea is related to her military service or due to her service-connected hypothyroidism.

The Board has reopened the claims for service connection for right knee disability, migraine headaches, and hypertension. The Veteran's appeals for ischemic heart disease, sleep apnea, and GERD are dismissed due to withdrawal by the Veteran.

The Veteran's lumbosacral strain with degenerative joint disease and degenerative disc disease has been rated at 20 percent, but does not meet the criteria for a higher rating based on the current evidence of record.