Sleep apnea decisions — 2015

The Veteran's lumbosacral strain was reduced from a 40 percent rating to a 20 percent rating effective September 1, 2009. The reduction was proper as the evidence showed both objective improvement and an increase in the Veteran's ability to function at work and home.

The Board has remanded the case for additional development, including obtaining records from the Biloxi Vet Center and providing a VA examination to assess the Veteran's ability to work due to his service-connected disabilities. The appeal is not yet decided.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need for additional development and consideration of new evidence.

The Veteran's claims for service connection for depressive disorder, cervical strain, and lumbosacral strain have been granted. The initial ratings for cervical strain and lumbosacral strain are also granted.

The Veteran's appeal is being remanded for additional development of her claims, including obtaining medical records and scheduling examinations. The issues include service connection for obstructive sleep apnea, initial evaluations for folliculitis and cellulitis of the scalp, a rating for right knee patellofemoral pain syndrome, and restoration of a 40 percent evaluation for lumbosacral strain.

The Veteran's sleep apnea was first manifested during service and the Board finds that direct service connection is warranted.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating for his service-connected conditions, including left and right knee retropatellar pain syndrome, pseudofolliculitis barbae, and lumbosacral strain.

The Veteran's lumbosacral strain with lumbar scoliosis was initially rated as noncompensable prior to May 22, 2009 and subsequently granted a 10 percent disability rating thereafter. The claim for a separate compensable disability rating for a neurological disability of the lower extremities from May 22, 2009 remains pending.

The Veteran's appeal is being remanded for a video teleconference hearing before the Board of Veterans' Appeals.

The Board has determined that further development is needed to determine the etiology of the Veteran's sleep apnea, including whether it was caused or aggravated by his service-connected adjustment disorder with depressed mood.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining Social Security Administration records.

The Board has determined that the Veteran's recurrent lumbosacral spine disorder, including degenerative disc disease and spondylosis, originated during active service.

The Board has determined that the Veteran's death was caused by his exposure to asbestos during service, which contributed substantially or materially to his death. As such, the claim for service connection for the cause of the Veteran's death is granted.

The Board has determined that the Veteran's current sleep apnea is not related to his military service, and therefore denied his claim for service connection.

The Veteran's low back pain is found to have started in service and has continued since then, with a confirmed diagnosis of degenerative disc disease shortly after discharge. Service connection for this condition is granted.

The Board has determined that additional development is needed to determine the relationship between the Veteran's current sleep apnea and his periods of service in 2001-2002 and 2004-2005, as well as whether his PTSD causes or aggravates his sleep apnea.

The Board has determined that the Veteran's obstructive sleep apnea is proximately due to his service-connected scars, status post-surgical correction to the jaw. As a result, the claim for service connection on a secondary basis is granted.

The Veteran's claims for service connection for right shin disorder, sleep apnea, and abnormal weight fluctuations are being remanded due to the need for additional development.

The Board has determined that the Veteran's sleep apnea and erectile dysfunction are proximately due to or the result of his service-connected PTSD and hypertension, respectively. As such, these conditions have been granted service connection.

The Veteran's lumbar spine disability is rated at 40 percent disabling, effective from May 31, 2011. The claim for service connection for a cervical spine disability and bilateral shoulder disabilities was granted.