Sleep apnea Board decisions

The Veteran's lower back disorder, chronic rhinitis, trigeminal neuralgia, ear disorder (otitis), and respiratory disorder (asthma) are not service-connected.

The Veteran's back disability was rated at 40 percent prior to October 11, 2011 and increased to 60 percent thereafter. The appeal is for an increase in rating.

The Veteran's service-connected disabilities, including PTSD and lumbosacral strain, prevent him from securing or following a substantially gainful occupation.

The Board has determined that the Veteran's low back and knee disorders are not related to his military service.,There is no evidence of any chronic or persistent disability in these areas during or immediately following service.

The Veteran's lumbosacral strain was rated at 10 percent from May 27, 2007 to September 19, 2009. The right knee strain did not meet the criteria for a rating in excess of 10 percent.

The Board has remanded the Veteran's claims for additional development due to incomplete records and need for further examination.

The Board has granted service connection for sleep apnea, finding that it is proximately due to or the result of service-connected PTSD. The issues of service connection for memory loss and benign positional vertigo have been withdrawn by the Veteran.

The Veteran's claim for an increased evaluation of his lumbosacral strain was denied, and the Board found that he is not entitled to a higher rating based on the current evidence. The claim for TDIU prior to May 25, 2010, was also denied.

The Board found that the Veteran does not have a valid diagnosis of PTSD and his symptoms are more consistent with depression and anxiety. Therefore, service connection for an acquired psychiatric disorder (PTSD, Anxiety Disorder) and sleep apnea is denied.

The Veteran's claims for increased rating and service connection were granted. The claim for right leg pain was also granted.

The Veteran's original claim for sleep apnea was denied in January 2003 and again in February 2004. He sought to reopen the claim on March 18, 2008, which resulted in a grant of service connection effective from that date.

The Board has determined that a rating of 40 percent is warranted for the Veteran's service-connected chronic lumbosacral strain and degenerative disc disease of the lumbar spine since September 16, 2010. This decision is based on the evidence showing forward flexion limited to 30 degrees or less.

The Veteran's claim for right ear hearing loss was denied as there is no evidence of current right ear hearing loss or a nexus to service.,For the entire increased rating period under appeal, the Veteran's cognitive disability did not meet the criteria for an increased rating in excess of 50 percent.,For the entire increased rating period under appeal, the Veteran's seizure disability did not meet the criteria for an increased rating in excess of 20 percent.,For the increased rating period prior to August 22, 2011, the Veteran's degenerative joint disease of the lumbosacral spine did not meet the criteria for a compensable rating.,For the entire increased rating period under appeal, the Veteran's headaches met the criteria for a 10 percent rating based on symptomatology that is more nearly approximating characteristic prostrating attacks averaging one in two months over the course of several months.,For the initial rating period under appeal, the Veteran's degenerative changes of the right elbow did not meet the criteria for a compensable rating.,For the initial rating period under appeal, the Veteran's degenerative changes of the left elbow did not meet the criteria for a compensable rating.,For the initial rating period prior to April 1, 2011, the Veteran's degenerative arthritis of the left shoulder did not meet the criteria for a compensable rating. From April 1, 2011, the Veteran's degenerative arthritis of the left shoulder met the criteria for a 10 percent rating.

The Veteran's acquired psychiatric disability, including PTSD, pain disorder, depressive disorder, and cognitive impairment, has been rated at 70 percent since March 24, 2003. The Veteran also received a TDIU rating effective April 26, 2010.

The Board denied the Veteran's claims for service connection for lumbar and cervical spine disabilities, bilateral upper and lower extremity radiculopathy and/or neuropathy, and sleep apnea. The evidence did not support a finding that these conditions were incurred or aggravated by active duty service.

The Veteran is seeking service connection for obstructive sleep apnea as secondary to his service-connected generalized anxiety disorder. The Board has determined that further development, including a VA examination and additional evidence collection, is needed before the claim can be adjudicated.

The Veteran's cervical spine degenerative disk disease is currently rated at 20 percent, which meets the criteria for a higher rating.

The Board has determined that additional development is necessary before the claim can be adjudicated, including obtaining VA treatment records and an addendum opinion regarding the Veteran's sleep apnea.

The Board denied service connection for the Veteran's claimed right knee, right foot, and right ankle disorders, as well as a disorder of bilateral toes other than the right toe hallux valgus, and low back disorder. The Board found no credible evidence of chronic pathology of any joints or toes other than the right great toe for more than 20 years after service.

The Veteran's lumbosacral spine disability has not been productive of unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes having a total duration of at least six weeks, and therefore, does not meet the criteria for an evaluation in excess of 40 percent.