Sleep apnea Board decisions

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a new VA examination to assess the current severity of the service-connected lumbar spine disability.

The Veteran's appeal for higher ratings for lumbosacral strain/sprain with disc herniation at L4-L5 and lumbar radiculopathy of the left lower extremity prior to January 29, 2013 was denied. The Veteran received a 10% rating for the left lower extremity condition since that date.

The Veteran's service-connected disabilities do not render him unemployable, as he is capable of securing and following substantially gainful employment.

The Board has determined that the Veteran's obstructive sleep apnea is related to his military service and grants service connection for this condition.

The Veteran's lumbosacral strain is currently rated at 20 percent, and her MDD warrants a 70 percent rating. The Board finds no basis to grant increased ratings for either condition.

The Veteran's claims for service connection for bilateral knee disability, bilateral hearing loss, and TDIU were denied. The appeal is not about service connection at all.

The Board found that the Veteran's service-connected lumbosacral strain did not meet or approximate the criteria for a rating in excess of 10 percent, as there was no evidence of forward flexion limited to between 30 and 60 degrees or combined range of motion less than 120 degrees.

The Veteran's claim for a higher initial rating for his service-connected lumbosacral strain with scoliosis and radiculopathy was granted, effective May 10, 2011. Separate ratings of 60 percent were assigned for the left lower extremity (LLE) radiculopathy of the sciatic nerve and a separate 20 percent rating for the right lower extremity (RLE) radiculopathy of the sciatic nerve. The effective date for these increased ratings was set at May 10, 2011.

The Veteran's claim for increased ratings for his service-connected low back disability is being remanded due to the need for additional development, including a new VA examination and consideration of neurologic symptoms.

The Board found that the Veteran's sleep apnea was not incurred in or aggravated by active service, and is not proximately due to, the result of, or aggravated by, service-connected disabilities.

The Board has determined that the Veteran's obstructive sleep apnea is attributable to his service, and grants service connection for OSA.

The Board has granted service connection for obstructive sleep apnea and tinnitus, finding that the Veteran's conditions are related to his active military service.

The Veteran's appeal is being remanded for additional development, including VA examinations to determine the relationship between his current sleep apnea and psychiatric disorders with his military service or a service-connected right knee disability.

The Board denied service connection for obstructive sleep apnea, finding that it did not have its clinical onset in service and is not otherwise related to active duty. The Veteran's deviated nasal septum was found to be a separate issue.

The Veteran's claims for bilateral hearing loss, an acquired psychiatric disorder, lower extremity neuropathy, sleep apnea, and seizures were denied as the evidence did not establish service connection based on direct service connection.

The Veteran's claim for a higher rating for lumbosacral strain with sciatica was denied as his disability did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board denied the Veteran's claims for service connection for sleep apnea, a rating higher than 20 percent for temporomandibular joint dysfunction, and compensable ratings for rhinitis prior to February 23, 2013 and since that date. The Board found no evidence of in-service onset or relationship between the Veteran's current disabilities and service.

The Board has remanded the Veteran's claim for additional development, including obtaining STRs and private medical records, clarifying National Guard service dates, and scheduling a VA examination to determine the nature and etiology of his sleep disorder.

The Board has granted service connection for lumbosacral spine arthritis and sinusitis, finding that the Veteran's current conditions are related to his military service.

The case is being remanded due to incomplete records and the need for further development.