Sleep apnea decisions — 2014

The Veteran's appeal for increased ratings for cervical and lumbar spine conditions has been dismissed due to the withdrawal of the appeal by the Veteran's representative.

The Board has granted increased ratings for the Veteran's degenerative arthritis of the right and left knees, as well as his degenerative arthritis of the left ankle. The effective date is not specified.

The Veteran's appeal is being remanded for a Board hearing. Service connection will be determined based on the merits of his claims.

The Veteran's service-connected discogenic disease of the lumbosacral junction, chondromalacia patella, left knee, with degenerative changes, and chondromalacia of the right knee are not shown to meet or approximate the criteria for a compensable evaluation. The Veteran's hypertension is also not shown to meet or approximate the criteria for a compensable evaluation.

The Veteran is seeking service connection for obstructive sleep apnea, which he claims is related to a nasal fracture sustained during service. The Board has ordered remand due to the need for an addendum opinion from a qualified VA physician regarding the etiology of his sleep apnea.

The Board has determined that the Veteran's sleep apnea had its onset during service and is therefore granted service connection.

The Veteran's service-connected rosacea and acne have been rated at 10 percent since February 2009, considering the current disability level of less than 20% of exposed areas affected.

The Board denied service connection for CAD, sleep apnea, and COPD as not incurred or aggravated by active service. The Veteran's conditions were found to be not related to herbicide exposure in Thailand.

The Veteran's claim for an initial evaluation in excess of 30 percent for bilateral hearing loss was denied as the evidence did not show a worsening of his service-connected disability.

The Veteran's lumbar spine disability is rated at 20 percent under Diagnostic Code 5237, reflecting significant forward flexion but limited range of motion. Separate ratings for neurological impairment of the right and left lower extremities are granted.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain with degenerative disc disease is being remanded due to the need for additional development, including a new VA examination and obtaining relevant medical records.

The Veteran's lumbosacral strain with x-ray evidence of spondylolysis is currently rated at 20 percent, and the claim for an increased rating has been granted.

The Veteran's claims for service connection for sleep apnea and hypertension are being remanded due to the need to obtain additional medical records and review new evidence submitted by the Veteran.

The Board has remanded the case for further development, including obtaining records from the Marine Reserve and a VA audiology examination to determine if the Veteran's hearing loss is related to service.

The Veteran's right lower extremity sensory polyneuropathy and lumbosacral strain are currently rated at 20 percent. The Board has remanded the case for further development.

The Veteran's claim for a compensable rating for chronic lumbosacral strain was denied, as the evidence did not show that his current low back symptoms were related to service-connected disability. The claims for bilateral knee and right ankle disorders were also denied.

The Veteran's appeal is being remanded due to his inability to travel for a personal hearing. The case will be returned to the AOJ for further development.

The Board has determined that the Veteran's obstructive sleep apnea was incurred in service and grants service connection for this condition.

The Board has remanded the case for further development and examination, including obtaining additional medical records and scheduling a VA mental disorders examination. The Veteran's claim will be reconsidered based on the new evidence.

The Veteran's appeal is being remanded for additional development to include obtaining medical opinions regarding the etiology of his sleep apnea, psychiatric disorders, and lumbar spine disability.