Sleep apnea Board decisions

The Board found that the Veteran's obstructive sleep apnea was not incurred in or aggravated by active service and is not causally related to a service-connected disability.

The Board has remanded the Veteran's claims for further procedural and evidentiary development, including obtaining records of psychiatric, HIV, and low back treatment since November 2009; scheduling VA examinations for his spine and psychiatric condition; and determining whether the Veteran wishes to proceed as a pro se claimant.

The Board has remanded the case for further development, including verifying periods of active duty and inactive duty training, scheduling VA examinations to address left shoulder disability, chronic fatigue syndrome, sleep apnea, and tinnitus claims, and addressing the etiology of these conditions.

The Board has remanded the case for further development, including obtaining additional VA treatment records and requesting a supplemental opinion from the examiner who evaluated the Veteran in 2011.

The Veteran's claim for a higher initial rating for his service-connected lumbosacral spine disability was denied. The current rating of 40 percent is maintained.

The Board found that the Veteran's lumbosacral strain with arthritis does not meet or approximate the criteria for a disability rating in excess of 40 percent, as he did not have ankylosis. The current evaluation is therefore denied.

The Veteran's claims for service connection were denied as there is no evidence of a chronic disability manifested by gastrointestinal problems, sleep impairment, joint pain (other than fibromyalgia), or low back disability that was incurred in active service.,There are no objective indications of chronic disabilities resulting from undiagnosed illnesses or medically unexplained multisymptom illnesses.

The Board has granted service connection for sleep apnea on a direct basis, finding that the Veteran's current disability is related to his period of active service.,The Veteran withdrew his appeal regarding the issue of entitlement to an increased evaluation for headaches prior to the issuance of a decision.

The Veteran's claim for a higher disability rating for her lumbosacral spine condition was denied. The Board found that the evidence did not support a rating greater than 20 percent.

The Board found that the Veteran's current obstructive sleep apnea did not originate during his active service and is not related to any incident during active service.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability is being remanded due to the need for additional medical examinations and development of records.

The Veteran's lumbosacral spine disability has been manifested by forward flexion to no less than 70 degrees and combined range of motion of 267 degrees, accounting for pain on motion and after repetition; however, there was no muscle spasm or guarding resulting in abnormal gait or abnormal spinal contour. The Veteran's lumbosacral spine disability did not meet the criteria for an increased evaluation in excess of 10 percent.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a VA examination to determine the etiology of the Veteran's sleep apnea.

The Veteran's appeals for service connection for bilateral hearing loss, sleep apnea, and an increased evaluation for his heart condition have been dismissed as he has withdrawn them.

The Veteran's service connection claim for obstructive sleep apnea/hypopnea is granted as his symptoms were present during and since service.

The Veteran's claim for an initial evaluation in excess of 10 percent for lumbosacral radiculopathy of the left lower extremity is being remanded due to the need for a more contemporaneous examination and consideration of SSA records.

The Veteran's service-connected disabilities, including PTSD, left knee condition, and lumbosacral spine disease, are rated at 100% combined. However, the evidence does not show that these conditions alone render him unemployable.

The Board found that the Veteran's sleep apnea was not incurred in or aggravated by active service and is not secondary to a service-connected disability.

The Veteran's appeals for obstructive sleep apnea, weight control, and skin infection have been withdrawn. The Board grants service connection for right knee status post anterior cruciate ligament reconstruction and tibial osteotomy with degenerative changes as secondary to his service-connected left knee disability and grants service connection for hernia secondary to his service-connected right knee disability.

The Veteran's service-connected lumbosacral spondylosis with herniated nucleus pulposis was found to have been productive of disability picture that more nearly resembled that of flexion of the thoracolumbar spine restricted to 30 degrees or less prior to February 12, 2011. As such, a rating of 40 percent is granted for this period.