Sleep apnea decisions — 2013

The Veteran's appeals for service connection for bilateral hearing loss, sleep apnea, and an increased evaluation for his heart condition have been dismissed as he has withdrawn them.

The Veteran's service connection claim for obstructive sleep apnea/hypopnea is granted as his symptoms were present during and since service.

The Veteran's claim for an initial evaluation in excess of 10 percent for lumbosacral radiculopathy of the left lower extremity is being remanded due to the need for a more contemporaneous examination and consideration of SSA records.

The Veteran's service-connected disabilities, including PTSD, left knee condition, and lumbosacral spine disease, are rated at 100% combined. However, the evidence does not show that these conditions alone render him unemployable.

The Board found that the Veteran's sleep apnea was not incurred in or aggravated by active service and is not secondary to a service-connected disability.

The Veteran's appeals for obstructive sleep apnea, weight control, and skin infection have been withdrawn. The Board grants service connection for right knee status post anterior cruciate ligament reconstruction and tibial osteotomy with degenerative changes as secondary to his service-connected left knee disability and grants service connection for hernia secondary to his service-connected right knee disability.

The Veteran's service-connected lumbosacral spondylosis with herniated nucleus pulposis was found to have been productive of disability picture that more nearly resembled that of flexion of the thoracolumbar spine restricted to 30 degrees or less prior to February 12, 2011. As such, a rating of 40 percent is granted for this period.

The Board found that the Veteran's positional obstructive sleep apnea was not incurred in or aggravated by service, and thus denied his claim for service connection.

The Veteran's service-connected lumbar spine disability is currently rated at 50 percent, effective May 12, 2011. The evidence does not meet the criteria for a higher rating under either the General Rating Formula or the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.

The Board has reopened the Veteran's claims for service connection for low back, left knee, and right knee conditions. The evidence received since the June 2002 rating decision is new and material; however, it does not establish a nexus between the claimed disabilities and military service.

The Veteran's appeal is being remanded due to his request for a Board hearing. The issues of service connection for sleep apnea and an increased rating for PTSD remain under consideration.

The Veteran's service-connected disabilities, including peripheral neuropathy of the left upper and lower extremities, hiatal hernia, genitourinary disorder (including prostatic hypertrophy), sleep apnea, S1 radiculopathy, and polycythemia vera, have been granted. The Veteran is entitled to a 10 percent evaluation for hypertension.

The Board has determined that additional development is necessary to address the Veteran's claims for service connection, including obtaining relevant treatment records and clarifying his exposure history.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional medical examination and opinion regarding the relationship between his current sleep apnea and his active duty service, including his reported snoring in service.

The Veteran's appeal is remanded due to inadequate examination reports, and he needs a new VA orthopedic examination by a different examiner.

The Veteran's appeal is being remanded for additional development, including obtaining private medical records and scheduling a VA examination to assess the current level of impairment due to his service-connected low back disorder.

The Veteran withdrew his appeal for service connection for right foot pes planus with Achilles tendonitis and lumbosacral degenerative changes, to include as secondary to service-connected left foot and ankle disabilities.

The Board has ordered a VA examination to determine the etiology of the Veteran's degenerative disc disease of the lumbosacral spine, and to consider new evidence received after June 2009 remand. The appeal is currently in remanded status.

[object Object]

The Board has remanded the Veteran's appeal for additional development, including consideration of new evidence and readjudication of his claims. The case will be returned to the RO for further action.