Sleep apnea Board decisions

The Veteran's lumbosacral strain is currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's claims for initial compensable evaluations for fibromyalgia and sleep apnea are being remanded due to the need for additional examinations.

The Board granted a 40 percent rating for the Veteran's lumbosacral strain with spondylolysis of L5 and spondylolisthesis, effective from April 23, 2013. The Veteran was previously rated at 20 percent prior to that date.

The Veteran's service-connected sleep apnea and hepatitis C disabilities are found to prevent him from securing and following substantially gainful employment, warranting a TDIU rating on an extraschedular basis.

The Board found clear and unmistakable evidence that the Veteran's lumbosacral disability preexisted service, and was not aggravated by service. As a result, the claim for service connection is denied.

The Board has determined that the Veteran's hepatitis C and sleep apnea syndrome are not service-connected, with no causal link to his military service.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a VA examination.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and a new VA examination to address the etiology of the Veteran's hypertension. The issue of service connection for sleep apnea is also being remanded for issuance of a Statement of the Case.

The Veteran's appeal is being remanded due to the need for a videoconference Board hearing on his service connection claim for sleep apnea and increased rating claims for lumbar sprain and right knee patellar tendonitis.

The Veteran's chronic lumbosacral strain and arthritis have been rated at 10% each. The increased rating to 20% for the lumbosacral strain is granted, as it meets the criteria for a 20% rating based on forward flexion of less than 60 degrees.

The Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation consistent with his education and work experience.

The Veteran's appeal is being remanded to obtain additional medical records and for further examinations. The issues of entitlement to initial evaluations in excess of 10 percent for post-operative left hip disorder, left knee disorder, scar from cervical spine surgery, right ear hearing loss, and sleep apnea are the main points of concern.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's obstructive sleep apnea is proximately due to his service-connected diabetes mellitus, type II. Therefore, service connection for obstructive sleep apnea is granted.

The Board has decided to remand the case for additional development, including obtaining VA treatment records and determining if service connection may be granted.

The Veteran's claim for service connection for hearing loss was denied as he does not have a current disability. The claims for sleep apnea and psoriasis are pending.

The Veteran's low back disability is rated at 10 percent, and his left knee disability remains at 20 percent. The claims for higher ratings are denied.

The Veteran's sleep apnea was not manifested during service and is not due to active service. The Board finds that the preponderance of evidence does not support a finding that his current sleep apnea is related to service.

The Veteran's urticaria was rated at 10 percent prior to May 1, 2013 and higher than 10 percent thereafter. The Veteran's mixed tension and migraine headaches were rated at 30 percent since May 1, 2013. The Veteran's lumbosacral strain was not rated higher than 20 percent.

The Board has granted the Veteran's claim for service connection for sleep apnea, finding that his symptoms began during active duty and are related to his current condition.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a VA examination to determine the etiology of his claimed condition.