Sleep apnea Board decisions

The Board has remanded the case for additional development due to incomplete records and need for a new VA examination.

The Board found that there is no evidence of a current fecal leakage disability and denied the Veteran's claim for service connection. For sleep apnea, the Board noted that the VA examiner did not conduct an adequate examination and thus remanded the issue.

The Veteran's service-connected lumbosacral spine and lower extremity disabilities have been rated at the maximum available rating of 20 percent. The Board finds that there is no evidence to support a higher rating for any of these conditions.

The Veteran's obstructive sleep apnea is not service-connected as it does not meet the criteria for presumptive service connection under provisions applicable to undiagnosed illnesses or unexplained chronic multisymptom illnesses. The Board finds that the Veteran's current symptoms are attributable to a known clinical diagnosis and thus, direct service connection cannot be granted.

The Board found that the Veteran's sleep apnea was not incurred in or aggravated by active military service and denied his claim for service connection.

The Veteran's claim for an increased rating for lumbosacral strain was denied as his condition did not meet the criteria for a higher disability rating.

The Board has determined that the Veteran's sleep apnea is related to his active military service, granting his claim for service connection.

The Veteran's hypertension, diabetes mellitus, and degenerative disc disease of the lumbosacral spine have been granted service connection. The Veteran is assigned a 10% disability evaluation for hypertension, a 20% disability evaluation for diabetes mellitus, and a 10% disability evaluation for degenerative disc disease of the lumbosacral spine prior to March 16, 2010.

The Veteran's lumbosacral strain with early disc herniation and left lower extremity atrophy does not manifest unfavorable ankylosis or any neurological impairment related to his back, thus the claim for a higher rating is denied.

The Board has remanded the Veteran's claims due to inadequate examinations and other procedural issues.

The Board found that the Veteran's sleep apnea was not incurred in or caused by military service and denied his claim.

The Veteran's lumbosacral strain has been rated at 20 percent since July 5, 2010. The disability is characterized by pain and stiffness but does not result in any ankylosis or severe limitation of motion.

The Veteran's service-connected disabilities were rated as follows: lumbosacral strain at 40 percent; tinnitus at 10 percent; right knee disability at 10 percent; left lower extremity radiculopathy at 10 percent, and bilateral hearing loss at noncompensable level. The Veteran was initially entitled to a TDIU rating on November 18, 2009.

The Veteran's sleep apnea was not incurred in or aggravated by service. The Board found that the condition began after service and is more likely than not due to obesity, which developed post-service.

The Veteran seeks service connection for obstructive sleep apnea and hypertension. The Board finds that a VA examination is necessary to determine if these conditions are related to his periods of active duty or ACDUTRA.

The Board finds that the Veteran's obstructive sleep apnea was incurred during service and grants service connection for this condition.

The Veteran's claim for an increased evaluation for his service-connected degenerative disc disease of the lumbosacral spine is being remanded due to the need for a new VA examination to assess the current severity of his disability.

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

The Veteran's right knee disabilities are not rated higher than 10 percent and 20 percent, respectively.,The Veteran's lumbosacral spine disability is not rated higher than 10 percent.,Service connection for PTSD was denied.

The Veteran's claim for a higher rating for degenerative disc and joint disease of the lumbosacral spine was denied, as his disability did not meet or approximate the criteria for a schedular rating in excess of 20 percent. His bilateral hearing loss claim was also denied.