Sleep apnea Board decisions

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The Veteran's appeal for service connection for sleep apnea was withdrawn at his October 2014 hearing.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.

The Board found that the Veteran's current sleep disability, including obstructive sleep apnea and insomnia, did not manifest during service and is not attributable to service.

The Veteran's appeal is being remanded for further development, including obtaining his Vocational Rehabilitation file and scheduling him for a VA examination to assess the severity of his lumbosacral intervertebral disc syndrome.

The Veteran's left leg sciatica has been manifested by no more than mild incomplete paralysis, which is consistent with the currently assigned 10 percent rating. The Board finds that the schedular evaluation adequately contemplates his disability picture and does not warrant an extraschedular rating.

The Veteran has withdrawn his appeals for service connection for sleep apnea and a higher rating for low back disability. As such, the cases are dismissed.

The Veteran's skin disorder (rash) had its onset during service and continues to the present day. The Board finds that service connection is warranted for this condition.

The Veteran's sleep apnea is found to be related to his active duty service, and the Board grants entitlement to service connection.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to address the nature and etiology of his sleep apnea.

The Veteran's service-connected residuals, post-operative left ankle fracture and lumbosacral strain have been rated at the maximum available rating of 20 percent for each condition. The Board finds that these ratings are appropriate based on the evidence showing marked limitation of motion in the left ankle and painful motion with guarding not resulting in abnormal gait or spinal contour.

The Veteran's claims for increased ratings and TDIU were denied. The lumbar strain was not found to warrant a higher rating, while the lumbosacral degenerative disc disease with L5-S1 spondylolisthesis met criteria for a 40 percent rating from January 30, 2009. The lower extremity radiculopathy did not meet criteria for any increased ratings.

The Veteran's claim for an annual clothing allowance was denied because the back brace used for his service-connected lumbosacral strain did not tend to wear or tear his clothing, as it was worn improperly and without its rigid insert.

The Veteran's service connection claim for a recurrent sleep disorder to include obstructive sleep apnea was denied as the evidence did not establish that his OSA is related to his active service or any other condition.

The Board found that the Veteran's sleep apnea is not related to his active service or any incident therein.

The Veteran's appeal is being remanded for additional development to obtain outstanding medical records and to schedule VA examinations to determine the current severity of his PTSD with depression and low back disability.