Sleep apnea Board decisions

The Veteran withdrew his appeals for service connection for sleep apnea and high blood pressure prior to the Board's decision.

The Veteran has withdrawn his appeals for the issues of service connection for various conditions, including PTSD, sleep apnea, carpal tunnel syndrome, memory loss, and acid reflux disease.

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

The Board denied the Veteran's claim for an earlier effective date for the award of a 20 percent rating for lumbosacral strain, finding that no increase in lumbosacral strain became factually ascertainable during the year preceding February 26, 2007.

The Board has determined that the Veteran's degenerative disc disease of the lumbosacral spine with rotary levoscoliosis is related to his military service and grants his claim for service connection.

The Board found that the Veteran's OSA pre-existed his active duty service and did not undergo a permanent increase in severity beyond its natural progression as a result of military service.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a spine examination to assess the severity of the Veteran's lumbar strain.

The Veteran's lumbar spine disability is currently rated at 20 percent, effective February 2000. The claim for headaches and hemorrhoids was denied.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a VA examination and medical opinion regarding the etiology of his current sleep apnea. The RO/AMC will also determine the Veteran's duty status during relevant periods.

The Board has determined that the Veteran's obstructive sleep apnea had its onset during service and is related to his military service, granting him service connection.

The Veteran's lumbar strain is currently rated at 20 percent, effective September 27, 2010. The rating criteria have been met for this level of disability.

The Veteran's death was not caused by his service-connected disabilities, as the cause of death (cardio-pulmonary arrest and diabetes) were not present in service or within one year after discharge. The preponderance of evidence is against a finding that these conditions are related to service.

The Veteran's claim for a higher rating for lumbosacral strain from June 18, 2005 was denied. The Veteran also had a separate compensable rating for neurological complications associated with his lumbosacral strain and the issue of entitlement to TDIU remains pending.

The Veteran's lumbosacral degenerative disc disease was rated at 10 percent from August 1, 2005 to June 24, 2010 and increased to 20 percent thereafter.

The Veteran's lumbosacral strain and associated left-sided nerve involvement have been rated at 10 percent since July 2008. The VA examiner found that the Veteran’s range of motion exceeded the criteria for a higher rating under the General Rating Formula.

The Board has reopened the Veteran's claims for service connection for a left shoulder disorder, lumbosacral spine strain, and right knee disorders. However, these claims are still in dispute as new evidence submitted by the Veteran does not conclusively establish that his current conditions were incurred or aggravated during service.

The Veteran's service-connected disabilities do not meet the legal criteria for a total disability rating due to individual unemployability as his combined percentage of disability does not reach 70% or more, and he is still employed.

The Veteran's claim for service connection for a skin disorder, including soft tissue sarcoma, is being remanded due to the need for a VA examination and further development.

The Board found that the Veteran's obstructive sleep apnea existed prior to his third period of active service in 2003, and was aggravated by environmental hazards during this period. The expert opinion supported these findings.

The Board denied service connection for a low back disability and hypertension, finding that the Veteran's current conditions were not related to his military service.