Sleep apnea decisions — 2015

The Board has determined that the current VA examination is inadequate and further evaluation of the Veteran's lumbar spine disability, including consideration of additional range of motion loss due to pain, flare-ups, incoordination, or weakened movement, is necessary. The claim will be remanded for this purpose.

The Veteran's service-connected low back disability renders him unable to secure or follow a substantially gainful occupation, and the Board has granted TDIU.

The Veteran's migraine headaches are currently rated at 30 percent disabling from August 25, 2011. His lumbosacral strain with osteophytosis is currently rated at 10 percent.

The Board has remanded the case for further development, including a VA examination to determine if the Veteran's sleep apnea is related to his service or his service-connected hypertension.

The Veteran's claim for service connection for sleep apnea, to include as secondary to his service-connected sinusitis and diabetes mellitus, is being remanded due to the need for a VA examination and additional relevant evidence.

The Veteran's PTSD has been medically linked to service, and the Board finds that she is entitled to service connection for this disability. The low back disability rating remains at 40 percent.

The Veteran's claim of entitlement to an increased rating in excess of 20 percent for a lumbosacral strain is on appeal and has been remanded by the Board. The issue remains unresolved as less than the maximum benefit allowed by law was awarded.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for retinitis pigmentosa. The Board also finds that the current diagnosis of retinitis pigmentosa first manifested during service, thus granting service connection.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and private treatment records from C. Phillips, as well as a new VA examination to address his psychiatric disorder claim.

The Board has decided to remand the case for additional development, including obtaining a VA medical opinion and obtaining relevant treatment records.

The Veteran's PTSD is rated at the highest available rating of 70 percent, effective from May 27, 2009. The claims for service connection for bilateral knee pain and hypertension have been reopened due to new evidence received since the final denial of these claims in November 1979 and December 1999 respectively.

The Board found that the Veteran's arthritis of the lumbosacral spine was not caused by VA treatment and did not result from any fault on the part of VA. The claim for compensation under 38 U.S.C. § 1151 was denied.

The Veteran's claims for service connection are being remanded due to the need for additional development and clarification of his conditions, exposure basis, and theories of service connection.

The Veteran's appeal for service connection on all five issues related to foot fungus, chronic headaches, sleep disorder (including sleep apnea), skin disorder of the neck, and dizzy spells and imbalance has been denied.

The Board has determined that the Veteran needs additional examinations and remands for his claims due to inadequate examination reports in the previous rating decisions. The appeals are now REMANDED.

The Veteran's claim for service connection for high blood pressure and sleep apnea was denied as there is no evidence of a current disability, with the exception of hypertension. The Board found that the Veteran did not have sleep apnea based on his lack of diagnosis in the medical records.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board finds that he meets the schedular requirement for TDIU.

The Veteran's service-connected disabilities render him unemployable, and the Board finds that he is entitled to a TDIU based on his combined disability rating of 80 percent.

The Veteran's lumbar spine disability is currently rated at 40 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's back disability is found to be service-connected. The claim for sleep apnea was denied as there is no evidence that it began in service or is related to service. The issue of a compensable rating for hemorrhoids has been withdrawn by the Veteran.