Sleep apnea decisions — 2015

The Veteran's claim for an increased rating for his low back disability was denied as the evidence did not show that he met the criteria for a higher evaluation under the applicable VA rating schedule.

The Board has determined that the Veteran's current low back disability is not causally or etiologically related to his complaints of pain during service or to a service-connected disability, and was not aggravated by a service-connected disability. Therefore, the claim for service connection for a low back disability is denied.

The Board has granted service connection for tinnitus as secondary to the Veteran's service-connected bilateral hearing loss. The remaining issues of entitlement to initial compensable ratings for various disabilities and service connection for other conditions remain on appeal.

The Veteran seeks service connection for sleep apnea, which he claims had its onset during his military service. The VA examiner concluded that the current diagnosis of sleep apnea was not related to military service due to lack of mention in service records and because the Veteran's headaches were diagnosed as vascular and unrelated to sleep apnea.

The Veteran's low back disability is currently rated at 20 percent since February 5, 2014. The rating reflects limitation of motion with forward flexion to 50 degrees and a combined range of motion of the thoracolumbar spine of 110 degrees.

The Veteran's chronic gastritis was not shown to have developed as a result of active service, and the Board finds that there is no evidence linking his current gastritis to service. The VA examiner found it less likely than not that the Veteran's current gastritis was incurred in or caused by his service. For the left eye disorder issue, the March 2013 VA examiner did not provide an opinion on whether any left eye disorder was present during active service or is otherwise related to service. Further examination and/or medical opinion are needed.

The Board has denied the Veteran's service connection claims for sleep apnea, chronic left shoulder strain with laxity, muscle and joint pain of the hands and/or ankles (manifested by undiagnosed illness or medically unexplained multisymptom illness), chronic fatigue, and short term memory loss. The evidence does not support a finding that these conditions are related to service.

The Board denied the Veteran's claims for service connection and initial disability rating in excess of 10 percent for his cervical spine disability, finding that the evidence did not support a higher rating based on the severity of his symptoms.

The Board has determined that the Veteran does not have a current skin disorder related to service, including exposure to Agent Orange. The Veteran's current diagnoses of rosacea and miliaria rubra are not related to his service.

The Veteran's lumbosacral spine disability is currently rated at 20 percent, and the evidence does not support a higher rating based on current functional impairment or additional limitation of motion.

The Veteran's service-connected lumbosacral strain with disc bulges is currently rated at 10 percent, the maximum schedular rating available under Diagnostic Code 5243. The evidence does not support a higher rating as there is no limitation of motion or other functional loss that would warrant such an increase.

The Veteran has withdrawn his appeal regarding the issue of service connection for obstructive sleep apnea.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board found no evidence of service connection for the claimed conditions and denied all claims.

The Board found that the Veteran's obstructive sleep apnea is not related to his military service and denied his claim for service connection.

The Board has determined that the Veteran's TDIU and DEA claims were raised during the adjudicatory process of his underlying disability, post-discectomy and fusion of the lumbosacral spine. The effective dates for these awards are now set at August 1, 1992.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing and issuance of an SOC regarding his claims for increased ratings for residuals of stress fracture of the right and left tibia, as well as entitlement to an initial rating in excess of 10 percent for pseudofolliculitis barbae.

The Board has determined that there is no evidence to support a finding of service connection for the Veteran's back disability, including lumbosacral strain. The preponderance of the evidence does not establish a link between the current condition and active duty service.

The Board has granted service connection for PTSD and denied the remaining issues, including anosmia. The Veteran's service-connected conditions are not rated as compensable.

The Board has determined that service connection is warranted for a thoracic spine disability, secondary to the Veteran's service-connected residuals of a lipoma resection.,Service connection is also granted for sleep apnea (OSA), as it is found to be related to the Veteran's service-connected sinusitis and reactive airway disease.