Sleep apnea decisions — 2015

The Board has denied the Veteran's claims for service connection and assigned disability ratings, finding that his conditions are not related to military service or any recognized exposure basis.

The Veteran's service-connected degenerative joint disease (DJD) of the lumbosacral spine has been rated at 40 percent since April 26, 2012. The current rating adequately reflects the severity of her disability based on the criteria for evaluating diseases and injuries of the spine.

The Board has remanded the claims due to incomplete medical records and the need for further examination to address the nature and etiology of the Veteran's sleep impairment, eye disorder, and service-connected sinusitis with cluster headaches.

The Board has determined that an effective date prior to November 4, 2014 for the assignment of a 50 percent disability evaluation for obstructive sleep apnea is not warranted.

The Veteran's appeal is being remanded for additional development, including obtaining private medical records and scheduling a VA examination. The issues of service connection for a sleep disability to include sleep apnea and rating in excess of 30 percent for left total knee replacement are also on appeal.

The Veteran seeks service connection for a lumbosacral and sacroiliac spine condition, which the Board has remanded due to insufficient evidence on whether his current diagnoses are related to his reported injury in service.

The Veteran's claim for increased ratings and service connection for various conditions, including lumbosacral strain/sprain, sleep apnea, hypertension, left knee disorder, erectile dysfunction, and urinary leakage, was denied. The rating assigned for the lumbosacral strain/sprain remains at 10 percent.

The Board has determined that the Veteran's service connection claim for sleep apnea cannot be granted as there is no evidence of a chronic disability related to his military service, and the preponderance of the evidence does not support a finding that his symptoms constitute an undiagnosed illness or medically unexplained multisymptom condition.

The Veteran's PTSD claim was granted with an initial rating of 70 percent, effective October 4, 2011. The right lower inner lip scar and loss of teeth due to the residuals of fracture of mandible were both rated at 10 percent each. Service connection for traumatic brain injury, headaches, left heel strain, lumbosacral spine strain, esophageal cancer, and obstructive sleep apnea was granted as secondary to PTSD.

The Veteran's peptic ulcer disease was rated at 20% prior to June 9, 2015 and increased to 60% thereafter. His lumbosacral spine disability has been rated as 20%. The Veteran is entitled to TDIU effective August 11, 2009.

The Veteran's appeal is being remanded to obtain missing records and order a VA examination for his psychiatric condition and lumbosacral strain.

The Board has determined that the Veteran's sleep apnea is not caused or aggravated by his service-connected PTSD, and therefore denied the claim for service connection.

The Board granted service connection and increased ratings for the veteran's lumbosacral strain, degenerative disc disease of L4-S1 with radiculopathy, and residuals of a fractured left fibula. The hearing loss disability was not rated as compensable under either pre-amendment or post-amendment regulations.

The Board dismissed the motion for revision of a March 2015 decision that denied service connection for sleep apnea and hypertension due to withdrawal by the moving party's representative.

The Board has determined that the Veteran's pre-existing obstructive sleep apnea was aggravated by his periods of active duty from August 2005 to September 2006, and from May 2008 to April 2009. As a result, service connection for this condition is granted.

The Board has determined that the Veteran's sleep apnea was not incurred during service and is not caused or aggravated by his service-connected generalized anxiety disorder.

The Veteran's service-connected lumbosacral strain is not manifested by unfavorable ankylosis of the entire thoracolumbar spine or by any neurologic abnormalities, and thus does not warrant a higher rating.

The Veteran's lumbosacral strain with degenerative joint and disc disease is currently rated at 40 percent, but the evidence does not support an increase to a higher rating due to lack of ankylosis or incapacitating episodes of intervertebral disc syndrome.

The Board has remanded the case to the RO for scheduling a videoconference hearing at the San Diego RO. The Veteran is seeking service connection for sleep apnea, anaphylaxis, and heart murmur, as well as an increased evaluation for urticaria pigmentosa.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, scheduling a VA examination to determine the nature and etiology of any respiratory disability, and providing an examination to address the etiology of his sleep apnea.