Sleep apnea decisions — 2013

The Veteran's lumbosacral degenerative disc disease was rated at 10 percent from August 1, 2005 to June 24, 2010 and increased to 20 percent thereafter.

The Veteran's lumbosacral strain and associated left-sided nerve involvement have been rated at 10 percent since July 2008. The VA examiner found that the Veteran’s range of motion exceeded the criteria for a higher rating under the General Rating Formula.

The Board has reopened the Veteran's claims for service connection for a left shoulder disorder, lumbosacral spine strain, and right knee disorders. However, these claims are still in dispute as new evidence submitted by the Veteran does not conclusively establish that his current conditions were incurred or aggravated during service.

The Veteran's service-connected disabilities do not meet the legal criteria for a total disability rating due to individual unemployability as his combined percentage of disability does not reach 70% or more, and he is still employed.

The Veteran's claim for service connection for a skin disorder, including soft tissue sarcoma, is being remanded due to the need for a VA examination and further development.

The Board found that the Veteran's obstructive sleep apnea existed prior to his third period of active service in 2003, and was aggravated by environmental hazards during this period. The expert opinion supported these findings.

The Board denied service connection for a low back disability and hypertension, finding that the Veteran's current conditions were not related to his military service.

The Veteran's claims for increased ratings and service connection were denied. The case was remanded multiple times, but the issues remained unresolved.

The Board found that the Veteran's sleep apnea is not related to service or his service-connected PTSD, and therefore denied the claim for service connection.

The Board has granted service connection for sleep apnea, finding that it was incurred in active duty military service. Service connection for cardiomyopathy is remanded due to the need for additional clarification and evidence.

The Veteran's appeals for increased ratings and service connection are being remanded due to scheduling issues. The case will be returned to the Board after appropriate action.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to assess the current severity of his service-connected conditions.

The Board finds that the Veteran has sleep apnea related to service, resolving all doubt in his favor.

The Board has determined that further development is necessary for the Veteran's claims of service connection for sleep apnea and increased rating for flat feet. The case is REMANDED to allow for additional development, including a VA examination.

The Veteran's cervical and lumbar spine disabilities have been rated based on their functional limitations, with the most recent rating decision increasing the ratings to 20 percent effective September 14, 2011.,Prior to September 14, 2011, the Veteran's cervical and lumbar spine disabilities were rated at 10 percent. As of September 14, 2011, they have been rated at 20 percent.

The Veteran's low back disability, including the compression fracture of L1 and lumbosacral strain, was not found to warrant a rating in excess of 20 percent prior to June 11, 2009, or in excess of 40 percent from that date.

The Veteran's left ear hearing loss is found to be incurred in service and granted. The claim for a higher rating for Type II diabetes mellitus remains denied.

The VA Board found that the appellant's low back disability, characterized by pain and limited range of motion but not ankylosis or favorable ankylosis, does not warrant a rating higher than 20 percent.

The Board found that the Veteran's sleep apnea did not begin during his military service and is not related to any in-service event or condition. The evidence does not support a finding of service connection for this disability.

The Veteran's current sleep apnea is found to have started during his military service and the Board grants service connection for this condition.