Sleep apnea decisions — 2017

The Veteran's back disability was rated at 40% effective June 21, 2016. The RO granted a separate rating for degenerative arthritis of the spine with IVDS.

The Veteran has withdrawn his claims for increased ratings for lumbosacral strain with radiation to the left thigh and cervical spine degenerative joint disease with left trapezius strain, and therefore these issues are dismissed.

The Board denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, lumbar spine disability, bilateral knee disabilities, venous insufficiency, hypertension, sleep apnea, and morbid obesity. The decision found that there was no evidence of a nexus between these conditions and service.

The Veteran's claims for increased ratings for his lumbosacral spine and left knee disabilities were denied as the evidence did not support a higher rating based on the current manifestations of these conditions.

The Veteran's lumbosacral strain has been rated at 20 percent since June 2007. The VA examinations have consistently shown forward flexion of the thoracolumbar spine to be greater than 30 degrees, with no evidence of ankylosis or IVDS.

The Veteran's degenerative disc disease of the lumbosacral spine is currently rated at 40 percent, effective October 12, 2009. The Veteran's left ear hearing loss has been rated as noncompensable.

The Veteran's low back disability is rated at the highest possible under the applicable diagnostic codes based on limitation of motion, with higher ratings requiring ankylosis. The Board finds that the evidence supports a grant of a 40 percent rating for the entire appeal period.

The Veteran's arthritis of the lumbosacral spine has been rated at 20 percent since February 7, 2005. The Board finds that his disability does not warrant a higher rating as it does not meet the criteria for a 40 percent evaluation based on limitation of motion or unfavorable ankylosis.

The Board has determined that the Veteran's claims of service connection for sleep apnea and bilateral upper extremity disorder need to be remanded due to inadequate examination reports. The VA will provide a new examination to determine if these conditions are related to his military service.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining medical opinions regarding the etiology of his claimed conditions and whether they are related to service.

The Veteran does not have a current left ankle disability. The VA examiner found no evidence of a chronic condition prior to 2009 in his post-service treatment records, and the Veteran's lay statements regarding continuity of symptomatology were not considered until after the January 2010 VA examination.

The Board has determined that further development is needed to address the Veteran's claim for service connection for obstructive sleep apnea, including whether it is related directly to his service or caused by his service-connected disabilities.

The Board has decided to remand the Veteran's claims for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's cervical spine disability is rated as 20 percent disabling, and his hyperthyroidism is rated as 10 percent disabling. The Board found that the current ratings adequately reflect the severity of these conditions.

The Board has determined that the Veteran does not have a sinus disorder with headaches, fatigue, bowel problems, bilateral hip disorder, or sleep disorder during his service and it did not develop as a result of an undiagnosed illness. As such, these claims for service connection are denied.

The Veteran's generalized joint pain is not related to service, and his sleep apnea was not caused by or aggravated by service-connected PTSD.,Service connection for TDIU has been granted.

The Veteran's lumbosacral strain has been rated at 10 percent since March 2009. The Board found that the disability did not warrant a higher rating prior to December 12, 2015 and does not meet criteria for a TDIU due to service-connected disabilities.

The Board has determined that the Veteran does not have a current diagnosis of peripheral nerve paralysis or sleep apnea, and therefore service connection for these conditions is denied.

The Board has denied the Veteran's claim of service connection for sleep apnea, finding that it is not etiologically related to his active military service and is not proximately due to or aggravated by his service-connected diabetes mellitus type 2.

The Board has determined that the evidence is in relative equipoise as to whether the Veteran's current cervical spine, left knee, and left shoulder disorders are related to his service. The VA examiner provided a clear conclusion with a supporting rationale for the GERD and OSA diagnoses.