Sleep apnea decisions — 2014

The Veteran's lumbosacral strain and left foot hallux valgus with plantar fasciitis and first metatarsophalangeal joint degenerative changes are currently rated at the lowest possible compensable levels.

The Board has determined that new and material evidence has been received to reopen the Veteran's claims for service connection for nosebleeds, sleep apnea, and migraines. However, the Board finds that there is no competent medical evidence linking these conditions to service or any incident thereof.

The Veteran's service-connected lumbosacral spine disability was manifested by forward flexion of the thoracolumbar spine to 90 degrees with pain at 60 degrees, warranting a 20 percent disability rating.

The Veteran's sleep apnea is related to his active military service and the claim for service connection is granted.

The Veteran's service-connected lumbosacral strain with degenerative joint and disc disease status post laminectomy and fusion is currently rated at 10 percent, but the Board finds that his disability does not warrant a higher rating based on current symptoms.

The Board granted service connection for obstructive sleep apnea and left knee osteoarthritis with patella spur, but denied an increased rating for limitation of extension of the left knee. The Veteran's current disability ratings are as follows: 10 percent for left knee osteoarthritis with patella spur; and 10 percent for limitation of extension of the left knee.

The Veteran's lumbosacral strain with early degenerative joint disease has been evaluated at a 20% rating since the appeal period began. The current evidence does not support an increase in this rating.

The Veteran's appeal was denied as he did not file a timely Substantive Appeal for the July 2005 and December 2005 rating decisions.

The Veteran's temporary total disability rating for convalescence following his lumbosacral strain surgery in June 2008 is denied as there was no evidence of severe post-operative residuals after September 30, 2008.

The Board has determined that the Veteran's sleep apnea is aggravated by his service-connected PTSD, and thus grants secondary service connection for sleep apnea.

The Veteran's rectal cancer and obstructive sleep apnea were not shown to be related to his military service, including presumed herbicide exposure. The claims for service connection are denied.

The Board has reopened the Veteran's claims for service connection for sleep apnea, a back disorder, and a deviated septum. However, these claims are being remanded to obtain additional medical records and to provide the Veteran with VA examinations.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's obstructive sleep apnea had its onset during active duty. As such, service connection for this condition is granted.

The Board denied the Veteran's claims for service connection for sleep apnea, myasthenia gravis, and erectile dysfunction. The claim for an initial disability rating in excess of 70 percent for PTSD was also denied.

The Board has ordered a new VA examination to assess the nature and etiology of the Veteran's current obstructive sleep apnea disability, including whether it is related to his service-connected allergic rhinitis.

The Board has restored the Veteran's original 40 percent rating for service-connected degenerative disc disease of the lumbosacral spine, effective February 1, 2010.

The Veteran's claim for service connection for arthritis of the lumbosacral spine is being remanded due to missing treatment records and personnel records, as well as the need for a VA examination.

The Veteran's service connection claims for obstructive sleep apnea and coronary artery disease, both claimed as secondary to his service-connected residuals of a deviated septum, have been granted. The Veteran's claim for an initial compensable rating for residuals of a deviated septum is pending.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's COPD and sleep apnea, which are currently service-connected conditions. The Veteran needs a VA examination to determine if his current conditions are related to an in-service injury or event.

The Veteran's acquired psychiatric disorder, specifically depressive disorder NOS, is found to be related to his service-connected cervical spine disability. The issues of service connection for urinary tract infections and prostatitis are remanded as the evidence does not provide sufficient information on their etiology.