Sleep apnea decisions — 2013

The Veteran's service-connected PTSD is found to aggravate his OSA, resulting in a grant of service connection for OSA as secondary to PTSD.

The Board finds that the Veteran's currently diagnosed bilateral knee and low back disorders are etiologically related to service, thus granting service connection for these conditions.

The Veteran's appeal is being remanded to obtain additional VA treatment records and an addendum opinion regarding the etiology of his obstructive sleep apnea. The issues include a claim for service connection for low back strain and obstructive sleep apnea, with the latter potentially secondary to PTSD.

The Veteran's back disability has been manifest by limitation of motion, but does not meet the criteria for a higher rating as his range of motion is still within the limits required for a 40 percent evaluation.

The Board has granted service connection for the Veteran's DDD of the cervical spine, finding that it is likely due to a significant injury sustained during active service. The claim for DDD of the lumbosacral spine remains pending as there was no Statement of the Case issued.

The Veteran's claims for service connection for sleep apnea and hypertension are being remanded due to the need for additional medical examinations.

The Veteran's appeal is being remanded due to the failure to provide proper notice for a scheduled video conference hearing. The case will be returned to the RO for scheduling and notification of the hearing.

The Board has remanded the case for additional development, including obtaining private treatment records and scheduling a new VA examination to determine the etiology of the Veteran's back disability.

The Board found that there is no evidence to support the Veteran's claim of service connection for degenerative disc disease of the lumbosacral spine, as his current disability does not appear to be related to an in-service injury or event. The examiner concluded that the current condition is more likely due to natural aging process rather than a 1973 motor vehicle accident.

The Board has remanded the case for scheduling a videoconference hearing. The Veteran's claim of service connection for an acquired psychiatric disorder, including PTSD, was granted in full in December 2012 and is no longer on appeal.

The Veteran's appeal is being remanded to the RO for additional development of his claim, including obtaining a supplemental medical opinion regarding the nature and etiology of his back disability.

The Veteran's claims were granted for service connection for various spinal disabilities and associated radiculopathies. The RO also increased her disability ratings for these conditions, with some changes effective May 23, 2013.

The Veteran's TMJD with bone resorption is rated at 50 percent effective August 25, 2008. The other issues on appeal are not currently before the Board.

The Veteran's appeal is being remanded to obtain additional medical records and to schedule her for VA examinations to assess the severity of her low back disability and left wrist carpal tunnel syndrome.

The Board has determined that the Veteran's current sleep apnea was incurred during his military service, and therefore grants service connection for this condition.

The Board denied service connection for ankylosing spondylitis of the hips and a rating in excess of 10 percent for chronic lumbosacral strain with traumatic arthritis of the low spine, finding no clear and unmistakable error.

The Board found that the Veteran's sleep apnea was not incurred in or aggravated by service and is not shown to be caused or aggravated by his service-connected disabilities.

The Veteran's claims for service connection were denied as the evidence did not establish a link between his current conditions and active military service.

The Board of Veterans' Appeals has determined that the Veteran's currently diagnosed low back disability, including degenerative disc disease (DDD) of the lumbosacral spine, is not shown to have been manifested in service and is not otherwise attributable to active military service.

The Board has remanded the Veteran's claim for additional development, including a new VA examination to determine the nature and etiology of his low back disability.