Sleep apnea Board decisions

The Veteran's initial claim for a low back disability was granted with an initial noncompensable evaluation effective December 1, 2008. The VA increased the evaluation to 20 percent beginning September 15, 2011, but did not go back to December 1, 2008. The Board found that the Veteran's low back disability met criteria for a 10% evaluation from December 1, 2008, to September 14, 2011, and denied any higher evaluations.

The Board has determined that additional development is needed to address the Veteran's claims, including consideration of old and new criteria for evaluating spine disabilities, as well as entitlement to an extraschedular evaluation and a total disability evaluation based on individual unemployability.

The Veteran's claims for increased ratings were denied as the evidence did not show that his conditions warranted a higher rating.

The Veteran's right knee DJD, status-post surgery with instability and residual scars is rated at 30 percent from April 10, 2010. His left knee DJD, status-post osteotomy with scars is rated at 10 percent from May 1, 2006 to April 9, 2010.

The Veteran requested withdrawal of his appeal for the issues of service connection for left shoulder, left biceps and cervical spine disorders. The Board dismissed these claims as a result.

The Veteran's claims for glaucoma, sinusitis, sleep apnea, diverticulitis, and chloracne were denied as there is no evidence of a current disability or a link to service.

The Veteran's service records do not show any diagnosis of sleep apnea, vertigo, chronic fatigue syndrome, pes planus, bilateral leg varicose veins, or residuals of traumatic brain injury. The Veteran has been diagnosed with insomnia and hemorrhoids since separation from service.

The Veteran's appeal for additional vocational rehabilitation services has been REMANDED due to the need to first address her claim for service connection for sleep apnea. The Vocational Rehabilitation and Employment Division will reconsider the issue of additional vocational rehabilitation services once the service connection matter is resolved.

The Veteran's claim for service connection for sleep apnea as secondary to her service-connected asthma is being remanded due to incomplete medical opinions and the need for additional examination.

The Veteran's appeal is denied. The Board finds that the effective date for the grant of service connection for right knee osteoarthritis cannot be earlier than May 5, 2008.

The Veteran's appeal regarding an earlier effective date for the grant of service connection for obstructive sleep apnea was not timely filed, and thus the Board lacks jurisdiction to consider this issue.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining SSA records and VA treatment records. The Veteran will also be provided an opportunity for a current VA examination regarding her service-connected lumbar strain and left ovarian cyst.

The Board denied the Veteran's claims of service connection for diabetes mellitus, hypertension, a bilateral eye disorder, a sleep disorder (claimed as sleep apnea), and bilateral hearing loss. The evidence did not support a finding that these conditions were incurred or aggravated by military service.

The Board has ordered additional development to obtain medical records and opinions related to the Veteran's service connection claims, increased rating claims, and anemia. The case will be remanded for these purposes.

The Board has found that the Veteran's obstructive sleep apnea is at least as likely as not incurred in service, and thus grants service connection for this condition.

The Veteran's claim for a separate compensable rating for numbness of the right lower extremity is denied as it is not related to his service-connected traumatic arthritis, lumbosacral spine.,The Veteran's claim for an initial compensable evaluation for scar, status post resection, left fifth metatarsal and excision of plantar wart is denied due to lack of objective evidence of limitation or instability.

The Veteran is seeking service connection for sleep apnea, which he claims is secondary to his service-connected diabetes mellitus, hypertension or PTSD. The Board finds that a remand is necessary to obtain an opinion on the etiology of the Veteran's sleep apnea.

The Veteran's claim for a rating in excess of 40 percent for lumbosacral strain was granted, while the claim for lumbar radiculopathy of the left leg received a 10% rating. The hypertension claim is pending and referred to the RO.

The Veteran's claim for a rating in excess of 20 percent for left trochanteric bursitis with lumbosacral intervertebral disc syndrome is being remanded due to the need for additional VA medical records.

The Board denied the Veteran's claim for an increased rating for obstructive sleep apnea and remanded it to obtain additional evidence. The Veteran appealed this decision, and the Court vacated the Board's decision and ordered further action. The case is now being remanded to consider whether the Veteran's obstructive sleep apnea is aggravated by his service-connected sarcoidosis.