Sleep apnea decisions — 2014

The Board has determined that the Veteran's current lumbar spine degenerative changes are due to an injury sustained during his period of active service, and thus grants service connection for this condition.

The Veteran does not have a respiratory disability, to include sleep apnea, that is due to an event or incident of his service.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and readjudicating both the initial rating issue and the TDIU effective date issue.

The Veteran's cervical and lumbosacral spine disabilities, as well as radiculopathy, are being remanded due to insufficient opinions regarding the causation and aggravation aspects of service connection. The case will be re-adjudicated after obtaining additional medical opinions.

The Veteran's claim for service connection for sleep apnea disorder is granted. The Board finds that the Veteran had a current diagnosis of sleep apnea and established continuity of symptomatology since service, meeting the criteria for service connection.

The Board has determined that the Veteran's currently diagnosed obstructive sleep apnea originated during service and persists since separation, granting service connection for this condition.

The Board has determined that the Veteran's sleep apnea is related to his in-service polyp surgery, and thus grants service connection for this condition.

The Veteran's claims for service connection for sleep apnea and hypertension have been denied as there is no evidence of a direct relationship to his military service or any presumptive exposure. The initial rating claim for erectile dysfunction has also been denied.

The Veteran's service records do not show any in-service injury or event related to his current breathing problems, sleep apnea, and empyema. The Board finds no competent evidence linking these conditions to his military service.

The Veteran's service-connected obstructive sleep apnea with chronic bronchitis is currently rated at 50 percent, which is the maximum rating available under the applicable diagnostic codes. The Board finds that neither condition warrants a higher evaluation.

The Veteran's initial ratings for DJD of the lumbosacral spine with lower leg numbness and inflammatory colitis, IBS, and GERD were denied as her conditions do not warrant a higher rating under the applicable VA rating criteria.

The Board has determined that it is at least as likely as not that the Veteran's sleep apnea began during his military service, and thus grants service connection for this condition.

The Veteran's lumbosacral spine disability is rated at 40 percent effective November 15, 2011. The rating includes a compensable evaluation for erectile dysfunction and urinary frequency associated with the service-connected low back disability.

The Veteran seeks service connection for degenerative disc disease of the lumbosacral spine, which he claims is related to an in-service back injury. The Board has determined that additional development is needed due to incomplete records and a need for a new VA examination.

The Veteran's lumbar spine disability is currently rated as 10 percent disabling, and the evidence does not support a higher rating.

The Board has remanded the case for additional development, including obtaining an examination report and ensuring that all records are considered. The Veteran's claim will be adjudicated again after these actions.

The Board has determined that the Veteran's sleep apnea had its onset in service and grants service connection for this condition.

The Veteran's claim for a higher initial rating for his lumbosacral strain with lumbar fracture was denied, and the service connection claim for a right rib disability was also denied. The Board found that there is no current chronic right rib disability and that any right rib pain is related to his spinal condition.

The Board has determined that the claimant's right and left knee disorders, as well as his low back disorder, are at least as likely as not due to repetitive-type injury sustained during service. As a result, these conditions have been granted service connection.

The Veteran is permanently and totally disabled due to service-connected disabilities, including his right knee and lumbar spine conditions. The Board finds that the Veteran's service-connected disabilities are productive of loss of use of both lower extremities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair. As a result, the Veteran is eligible for a certificate of eligibility for specially adapted housing.