Sleep apnea decisions — 2014

The Veteran's claims for increased ratings for his service-connected low back disability and right wrist disability were denied as the evidence did not show that either condition warranted a rating in excess of 10 percent.

The Veteran's service-connected lumbosacral strain is currently evaluated at a 20 percent rating, and the Board finds that this evaluation is appropriate based on the evidence of record.

The Veteran's chronic lumbosacral strain with intervertebral disc disease is currently rated at 20 percent, the maximum schedular rating available under the General Rating Formula for Diseases and Injuries of the Spine. The disability does not meet or more nearly approximate criteria for a higher evaluation.

The Board has granted service connection for obstructive sleep apnea. The claim for bilateral knee disabilities remains pending.

The Veteran's appeal is being remanded for further examination and opinion regarding his sleep apnea, specifically whether it is related to service or aggravated by his service-connected disabilities.

The Veteran's appeals for service connection and rating of his left ear hearing loss and right ear hearing loss have been withdrawn. The Board has also determined that additional development is needed for the remaining claims, including a VA examination for sleep apnea.

The Board found that the weight of evidence is against a finding that it is at least as likely as not that the Veteran's sleep apnea began during his military service, was directly caused by his military service, or is secondary to his service-connected diabetes mellitus. As such, the criteria for service connection have not been met and the claim is denied.

The Veteran's service-connected degenerative arthritis of the lumbosacral spine and radiculopathy of the right lower extremities do not warrant a higher evaluation as they do not meet the criteria for a higher rating under the applicable VA rating schedule.

The Veteran's myofasical lumbosacral pain syndrome, with degenerative changes, and residuals of a laminectomy and fusion was rated at 20 percent prior to November 2, 2011. Since then, the rating has been increased to 40 percent.

The Board denied the Veteran's claims for service connection for congestive heart failure, irregular heartbeat, and sleep apnea. The Board found no evidence of current disabilities or a link to service.

The Veteran's service-connected chronic lumbosacral strain has rendered him unable to obtain and follow a substantially gainful occupation since November 26, 1997. The Board grants TDIU with an effective date of November 26, 1997.

The Board has determined that the Veteran does not have a lung and/or respiratory condition that is the result of disease or injury incurred in or aggravated by active military service, nor can it be attributed to his period of military service. The Board also found no evidence that the current lung and/or respiratory conditions are proximately due to or the result of service-connected disability.

The Board is reopening the claim of entitlement to service connection for sleep apnea due to new and material evidence. However, rather than immediately readjudicating this claim on its underlying merits, the Board remands it for further development. The Veteran's PTSD continues to be rated at 50%.

The Board has determined that service connection is granted for a lumbar spine disorder, but not for hepatitis or right foot disorders.

The Veteran's PTSD has been rated at 70 percent since June 2008, and he is now entitled to a TDIU effective January 17, 2013.

The Veteran's claim for a higher rating for his lumbar spine disability was granted. The claims for service connection for tinnitus and hearing loss were reopened based on new evidence submitted since the previous decisions.

The Veteran's lumbar spine disability, characterized as lumbosacral strain and intervertebral disc syndrome, is currently rated at 20 percent. The claim for a higher rating remains denied.

The Veteran's prostate cancer, status post radiation therapy, is rated at 60 percent disabling due to urinary frequency and incontinence requiring absorbent materials more than four times a day. His lumbar spine degenerative disc disease with lumbosacral strain is also rated at 20 percent.

The Board has determined that the Veteran's bilateral hearing loss disability and tinnitus are at least as likely as not related to service, but further examination is needed for OSA, hypertension, ED, and GERD.

The Veteran is seeking service connection for a sleep disorder, including obstructive sleep apnea, which he believes is related to his service-connected right shoulder disability, right ankle disability, and duodenitis. The case is being remanded due to the need for clarification on whether the current sleep apnea is aggravated by these service-connected disabilities.