Sleep apnea Board decisions

The Veteran's appeal for increased ratings for his lumbosacral strain and service connection for a cervical spine condition were denied. His claim to reopen his psychiatric disorder was also denied due to lack of new and material evidence.

The Board finds that the evidence is in equipoise as to whether the Veteran's sleep apnea had its onset during service. Service connection for sleep apnea is granted.

The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and providing the Veteran with VA examinations to assess her service-connected disabilities.

The Board denied the Veteran's claims for service connection for degenerative disc disease of the lumbosacral spine and residuals of left knee surgery, as well as his claim to reopen a previously denied claim for bilateral hearing loss. The Board also found that he was not entitled to TDIU due to lack of any service-connected disabilities.

The Veteran's low back disability is currently rated at 40 percent, and the Board finds that a higher rating is not warranted. The Veteran also has radiculopathy of the left lower extremity associated with his service-connected low back disorder, which warrants a separate 10 percent rating.

The Board denied the Veteran's claims for service connection for sleep apnea and depression, finding no evidence of these conditions during or after service.

The Board has dismissed the issue of an effective date earlier than March 27, 2006 for a 40 percent disability rating for lumbosacral strain due to finality and res judicata principles.

The Veteran's lumbosacral strain and degenerative disc disease have been rated at 40 percent since February 1, 2012. The Board finds that the current rating adequately reflects the severity of his disability.

The Veteran's obstructive sleep apnea is found to have originated during his active duty service, specifically the period of activated service in support of operations in Afghanistan between 2001 and 2002. The Board grants service connection for this condition.

The Board has remanded the case due to the need for additional development, including obtaining service personnel records and medical opinions.

The Veteran's prostate condition and sleep apnea were not found to be related to his service, including herbicide exposure. The Board denied the claims for service connection.

The Veteran's claim for service connection for obstructive sleep apnea is being remanded due to the need for a medical examination and opinion regarding the etiology of his current condition.

The Board has determined that the Veteran's service connection claim for retinitis pigmentosa is granted, as there is sufficient evidence to establish that his condition was incurred during active duty.

The Veteran's obstructive sleep apnea is found to have onset during active service or was caused by his military service, including as secondary to PTSD. The Veteran's left knee osteoarthritis is also granted service connection.

The Veteran's sleep apnea is found to be more likely than not incurred during service or as secondary to his service-connected PTSD.,Service connection for a cervical spine condition secondary to head injury remains pending.

The Board has reopened the Veteran's claim for service connection for obstructive sleep apnea and major depressive disorder, finding new and material evidence. The case is remanded to obtain additional medical opinions regarding the etiology of these conditions.

The Board has determined that the Veteran's sleep apnea is at least as likely as not related to service, granting service connection for this condition.

The Board has remanded the case for issuance of a Statement of the Case (SOC) on the issue of entitlement to service connection for sleep apnea. The Veteran and his attorney must be advised of the time limit in which they may file a Substantive Appeal.

The Veteran's lumbosacral strain has been manifested by pain, with forward flexion limited to 85 degrees at worst and combined range of motion limited to 155 degrees at worst. The disability does not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has remanded the case for further examination and opinion regarding service connection for a neurological disability, including peripheral neuropathy of the lower extremities and lumbosacral radiculopathy. The Veteran's claims are related to exposure in Vietnam but no evidence supports this claim. The examiner is asked to determine if any diagnosed conditions are related to his military service.