Sleep apnea decisions — 2014

The Veteran's tinnitus was granted service connection, and the initial ratings for left shoulder tendonitis and lumbosacral strain are addressed in the REMAND portion of the decision.

The Veteran's DJD of the lumbosacral spine has been rated at 10 percent prior to December 11, 2009 and increased to 20 percent since that date.

The Board has determined that additional development is needed in order to fully and fairly consider the merits of the Veteran's claims, including obtaining updated VA treatment records, arranging for appropriate examinations, and readjudicating the issues on appeal.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination to determine if the Veteran's sleep apnea is related to his military service or his service-connected allergic rhinitis and maxillary sinus disability.

The Board has granted service connection for PTSD and found that the Veteran's current diagnosis of chronic lumbosacral strain is related to his in-service stressor. The issue of an increased evaluation for chronic lumbosacral strain remains pending, as does the need for statements of the case on secondary service connection issues.

The Board has determined that the Veteran's current obstructive sleep apnea is related to his in-service symptoms and service connection is granted.

The Board has granted service connection for sleep apnea and assigned a disability rating of 50 percent, effective from August 19, 2008. The Veteran's condition requires the use of a CPAP machine.

The Veteran's lumbosacral strain with degenerative joint disease is currently evaluated at 40 percent, and the Board denied an evaluation in excess of this rating.

The Board has granted the Veteran's request to reopen his claim for service connection for a lumbosacral spine disorder, finding that new and material evidence has been received. The Board also found in favor of the Veteran on the merits, determining that his current lumbosacral spine disorder is secondary to his service-connected left ankle condition.

The Veteran's claim for service connection for sleep apnea is granted. The Board has also determined that a 30 percent rating, but no higher, is warranted for his thyroid disorder.

The Veteran's claims for service connection were denied as his claimed conditions are not related to disease or injury in active service.

The Veteran's claims for higher ratings for degenerative disc and joint disease of the lumbosacral spine and bilateral hearing loss on an extra-schedular basis were denied by the Board.

The Board denied the Veteran's claims of service connection for various gastrointestinal conditions, including depressive disorder, esophageal reflux and gastritis, nodular lesion of the duodenal bulb nodular mucosa, gastric polyp, helicobacter pylori infection, antral gastritis, peripheral neuropathy of the left lower extremity, peripheral neuropathy of the right lower extremity, and diabetes mellitus. The Veteran's claims for service connection were denied as new and material evidence had not been received to reopen his previously denied claim of depressive disorder.

The Veteran's sleep apnea was shown to have been present during his active service, and the Board granted service connection for this condition.

The Veteran's lumbosacral strain with degenerative disc disease is currently rated at 40 percent, which represents the maximum schedular rating available under VA's General Rating Formula for Diseases and Injuries of the Spine. The claim for a higher rating has been denied as his disability does not meet or approximate the criteria for any higher evaluation.

The Veteran's appeal is being remanded for scheduling a personal hearing due to his failure to appear at the previously scheduled videoconference hearing.

The Board has determined that the Veteran does not have a current disability for which service connection can be granted. The claims are therefore denied.

The Veteran's initial claim for a higher rating for his obstructive sleep apnea was denied. He is currently assigned a 50 percent disability rating effective February 18, 2011.

The Board has determined that the Veteran's current low back disability is not related to his period of active military service and therefore denied his claim for service connection.