Sleep apnea decisions — 2014

The Veteran is seeking service connection for sleep apnea, which he contends was incurred during his military service. The Board has determined that a remand is necessary to obtain an adequate medical opinion regarding the etiology of the Veteran's sleep apnea.

The Board has dismissed all the issues on appeal due to the death of the appellant.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA examination reports and outpatient records. The issues of increased ratings for depressive disorder, lumbosacral strain, and maxillary sinusitis are pending.

The Veteran's appeal is remanded for additional development, including obtaining medical records and scheduling a VA examination to address the nature and etiology of his sleep apnea disability.

The Veteran's service-connected lumbosacral spine degenerative disc disease and left hip labral tear are currently rated at 10 percent, but do not warrant a higher rating based on the evidence of record.

The Veteran's claim for service connection for sleep apnea was denied as he does not have a current diagnosis of the condition. The Veteran's left knee strain is rated at 10 percent based on limitation of flexion to 135 degrees.

The Board found that the Veteran's congenital scoliosis did not pre-exist his military service and was neither aggravated nor worsened by it. The current lumbar spine conditions are considered degenerative changes unlikely to be related to his brief period of active duty.

The Veteran's service-connected lumbosacral strain with multilevel degenerative changes and left lumbar radiculopathy are currently rated at 20 percent and 10 percent, respectively. The appeal for higher ratings is denied.

The Board has directed the VA to provide a remand for additional development and examination regarding the Veteran's claim of service connection for sleep apnea, which is claimed as secondary to his service-connected diabetes mellitus, hypertension, and/or posttraumatic stress disorder (PTSD).

The Board has remanded the case for additional development, including obtaining updated VA treatment records and providing a VA examination to determine the nature and etiology of the Veteran's claimed conditions.

The Veteran's claim for a rating in excess of 20 percent for lumbosacral strain with degenerative disc disease was denied by the Board. The current disability evaluation is 20 percent, effective from the date of the claim.

The Veteran seeks service connection for sleep apnea, including as secondary to PTSD. The case is being remanded for further development and an appropriate VA examination.

The Board denied the Veteran's claims for service connection for GERD, bilateral hearing loss, obstructive sleep apnea, IBS as due to undiagnosed illness, headaches as due to undiagnosed illness, and muscle fatigue as due to undiagnosed illness. The left foot disability was rated at 10 percent.

The Board finds that the Veteran's service-connected disabilities render him unemployable, and therefore remands for further development to obtain a medical opinion on his employability.

The Veteran's diabetes mellitus type II and sleep apnea were not incurred in or aggravated by active service, nor are they related to any incident therein. The Board found no evidence of continuity of symptomatology.

The Board found no evidence to support the Veteran's claim that his low back disability is secondary to his service-connected right knee disability. The VA examiners' opinions were considered, and they did not find a causal relationship between the Veteran's right knee disability and his current low back condition.

The appellant is entitled to a higher initial evaluation of 20 percent for C6-7 radiculopathy of the left upper extremity and musculocutaneous neuropathy of the right upper extremity, prior to July 12, 2012.,The appellant is also entitled to an initial evaluation in excess of 10 percent for radiculopathy of the right and left lower extremities.

The Veteran's claims for service connection were denied, and the Board found no new and material evidence to reopen his claims. The right hip disability was rated at 10 percent prior to February 6, 2013 and at 20 percent thereafter.

The Veteran's bunions were previously denied in an October 2005 rating decision. The claim was reopened, but new and material evidence has not been submitted to reopen the claim.,Service connection for a back disability is granted. Service connection for sleep apnea is also granted as secondary to service-connected coronary artery disease and diabetes mellitus type II.

The Veteran's claim for an initial rating greater than 40 percent for his service-connected degenerative disc disease of the lumbosacral spine with stenosis and a herniated disc is being remanded due to the need for updated VA examination.