Sleep apnea decisions — 2015

The Veteran's claim for service connection for lumbosacral spine degenerative disc disease and degenerative joint disease with radiculopathy is being remanded due to the need for additional development, including obtaining medical records and opinions from a VA examiner.

The Board has remanded the case for further development, including obtaining an addendum opinion from the examiner who performed the December 2014 examination to address the etiology of the Veteran's sleep apnea. The claim is also inextricably intertwined with the claim for service connection for sleep apnea.

The Veteran's right foot disorder, low back disorder, and sleep apnea were not shown to be related to service. The acquired psychiatric disorder is also not linked to service.

The Veteran's sleep apnea is found to have onset during service and the Board grants service connection for this condition. The heart disorder appeal was withdrawn by the Veteran before a decision could be made. Service connection for hypertension, claimed as secondary to a service-connected disability, is granted.

The Veteran's appeal is being remanded to obtain additional medical opinions and to ensure all relevant treatment records are obtained. The issues of service connection for PTSD, adjustment disorder with anxiety and depressed mood, and sleep apnea will be addressed.

The Veteran's OSA with asthma is currently rated at 60 percent, and the Board found that a higher rating was not warranted.

The Veteran's combined disability rating is 80 percent, which meets the percentage requirements for a TDIU. However, his service-connected disabilities do not preclude him from securing and following all substantially gainful employment consistent with his education and occupational experience.

The Veteran's lumbosacral strain is now rated at 40 percent from May 26, 2015, resolving his appeal for a higher rating. His TDIU claim remains pending as he meets the schedular criteria but may require further consideration due to additional service-connected conditions.

The Veteran's hypertension was shown in service and is currently present, meeting the criteria for service connection.

The Veteran's service connection claims for obstructive sleep apnea with fatigue, right knee arthritis, left hip arthritis, lumbosacral spine degenerative disc disease and cervical spine degenerative disc disease were granted. The effective dates for the right knee and left hip conditions are set at April 14, 2010, while those for the lumbosacral spine and cervical spine conditions are set at August 20, 2010.

The Board has determined that the Veteran's current diagnosis of sleep apnea is related to his in-service complaints and treatment for sleep problems, leading to a grant of service connection.

The Board found that the reduction of the disability rating from 40 percent to 10 percent for the Veteran's service-connected degenerative disc disease of the lumbosacral spine was proper due to improvement in his condition.

The Board has remanded the case for additional development, including obtaining VA and private medical records, scheduling a VA examination, and considering the Veteran's TDIU claim.

The Veteran's claims for service connection are being remanded due to the need for additional development, including obtaining medical records and providing VA examinations.

The Veteran's lumbosacral strain was rated at 10 percent prior to March 18, 2015 and increased to 20 percent thereafter.

The Veteran's asthma is being reviewed, as are his claims for COPD and sleep apnea. The Board has determined that a remand is required to address the nature and etiology of these conditions.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing and the need to issue statements of the case for two issues.

The Board has reopened the Veteran's claim for service connection for a low back disability based on receipt of new and material evidence. Service connection is granted for hypertension as it was incurred in service, with continuity of symptomatology post-service. The claim for sleep apnea is denied as there is no evidence that the condition began during or was aggravated by service.

The Veteran's lumbosacral strain does not meet the criteria for a higher rating as it does not cause limitation of flexion to 60 degrees or less, a combined ROM (CROM) less than 120 degrees, or additional neurologic impairment.

The Veteran's service-connected inactive pulmonary tuberculosis is found to be the primary cause of his current chronic obstructive pulmonary disease, cardiovascular conditions (including coronary artery disease and hypertension), sleep apnea, right lower extremity femur fracture, left lower extremity femur fracture, anxiety disorder NOS, bilateral hearing loss, tinnitus, and back condition involving degenerative joint disease.,The Veteran's service-connected inactive pulmonary tuberculosis is found to be the primary cause of his current cardiovascular conditions (including coronary artery disease and hypertension), sleep apnea, right lower extremity femur fracture, left lower extremity femur fracture, anxiety disorder NOS, bilateral hearing loss, tinnitus, and back condition involving degenerative joint disease.,The Veteran's service-connected inactive pulmonary tuberculosis is found to be the primary cause of his current sleep apnea, right lower extremity femur fracture, left lower extremity femur fracture, anxiety disorder NOS, bilateral hearing loss, tinnitus, and back condition involving degenerative joint disease.,The Veteran's service-connected inactive pulmonary tuberculosis is found to be the primary cause of his current right lower extremity radiculopathy and left lower extremity radiculopathy.,The Veteran's service-connected inactive pulmonary tuberculosis is found to be the primary cause of his current anxiety disorder NOS, bilateral hearing loss, tinnitus, and back condition involving degenerative joint disease.