Sleep apnea decisions — 2015

The Board has granted service connection for lumbosacral strain, degenerative arthritis of the spine, degenerative disc disease, and spinal stenosis of the lumbar spine. The Veteran's bilateral lower extremity radiculopathy and traumatic arthritis of the hips are also found to be related to his service-connected back disability. Traumatic arthritis of the knees is also found to be related to his service-connected back disability.

The Board has determined that the Veteran's obstructive sleep apnea is not related to his active duty service or a service-connected disability, and thus denied the claim for service connection.

The Board has remanded the case for additional development, including obtaining a VA examination and opinion regarding service connection for obstructive sleep apnea. The Veteran's claims of increased ratings for bilateral pes planus and plantar fasciitis and entitlement to TDIU are also being remanded.

The Veteran's claims for increased ratings for right shoulder degenerative arthritis, left knee degenerative arthritis, and lumbosacral strain have been denied as his conditions do not warrant a rating in excess of 10 percent.

The Veteran's service-connected left knee condition has led to secondary hip, back, and respiratory conditions. The Board granted the claims for these conditions.

The Board has remanded the case for additional development due to insufficient evidence regarding the onset and service connection of hypertension, diabetes mellitus, and sleep apnea.

The Veteran's claim for an increased rating in excess of 10 percent for lumbosacral strain is being remanded due to the inadequacy of a previous VA examination and the need for additional development, including obtaining treatment records and scheduling a new VA examination.

The Veteran seeks an increased rating for his service-connected lumbosacral strain. The Board has ordered additional development including obtaining medical records and clarifying the cause of any aggravation due to a 2004 fall from a ladder.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing a VA examination to assess the severity of his service-connected degenerative disc disease of the lumbosacral spine. The issue of entitlement to TDIU will be held in abeyance until further notice.

The Veteran's death was attributed to 'failure to thrive', which the Board found to be a contributory cause of his service-connected lower extremity disabilities. The appeal for accrued benefits is remanded due to untimely filing.

The Veteran's appeal for service connection for bilateral shin splints has been withdrawn. The remaining issues of entitlement to service connection for a bilateral foot disorder, low back disorder, sleep apnea, an initial rating higher than 30 percent for status post nephrostomy surgery with scar, and TDIU are addressed in the REMAND portion of this decision.

The Veteran's multi-level degenerative disc and joint disease of the lumbosacral spine is rated at 60 percent, effective October 24, 2005. The Veteran also has a separate compensable rating for incontinence associated with this condition.

The Veteran's claims for extraschedular ratings for his service-connected chronic lumbosacral strain with hip, thigh, buttocks, and calf pain are being remanded to the Under Secretary for Benefits or the Director of Compensation and Pension Service for consideration.

The Board is remanding the case to obtain an addendum opinion from a VA examiner regarding the etiology of the Veteran's current low back disabilities, diagnosed as chronic lumbosacral strain and lumbar degenerative joint disease. The examiner should consider all complaints of back pain in service, including those during military service and after separation.

The Board has granted service connection for fibromyalgia and sleep apnea as secondary to the Veteran's service-connected diabetes mellitus, type II. The Veteran's hypertension claim is dismissed.

The Veteran's appeal is being remanded due to the need for a rescheduled hearing. The issues of entitlement to increased rating for Osgood Schlatter's disease in the right knee and service connection for lumbosacral or cervical strain are pending.

The Veteran's current GERD/dyspepsia, umbilical hernia, and right inguinal hernia were incurred during his military service.

The Board has reopened the Veteran's claim for service connection for low back disability, but the appeal is remanded to determine if there is a causal link between his current condition and his military service.

The Board has reopened the Veteran's claim for service connection for sleep apnea and granted it, finding that there is at least an approximate balance of evidence as to whether his current sleep apnea is related to service.

The Veteran's appeal for service connection for sleep apnea was withdrawn at his October 2014 hearing. The right and left knee increased rating claims are being remanded for initial RO review of the newly-obtained medical evidence.