Sleep apnea Board decisions

The Veteran's lumbar spine disability was granted a rating of 20 percent effective March 11, 2011. The issue remains open for further development and consideration.

The Board has remanded the case for further examination and an etiology opinion regarding the Veteran's obstructive sleep apnea (OSA) disability, specifically whether it is at least as likely as not that OSA began in or as a consequence of service, and if it was caused or aggravated by service-connected sinusitis.

The Veteran's low back disability was initially rated at 10 percent prior to May 25, 2011. Since then, he has been assigned a 20 percent rating effective from the date of his most recent VA examination on May 25, 2011.

The Veteran's service-connected disabilities, including postoperative residuals of multiple lumbosacral surgeries with degenerative joint and disc disease and left lower extremity radiculopathy, do not meet the criteria for a total disability rating based on individual unemployability under 38 C.F.R. § 4.16(a).

The Veteran's claims for increased evaluations for his service-connected spondylolisthesis and left lower extremity radiculopathy were denied. The Board found that the evidence did not support a rating in excess of 20 percent for the spine condition or a rating in excess of 10 percent for the radiculopathy.

The Board has determined that the Veteran's sleep apnea is related to his active service and granted service connection.,The Board also found that the Veteran's migraine disorder was related to his active service and granted service connection.

The Veteran has been diagnosed with chronic obstructive sleep apnea and has continuously suffered from this condition since service. The Board grants service connection for the Veteran's chronic obstructive sleep apnea.

The Board has determined that the Veteran's boils/abscesses preexisted service and were not aggravated therein, thus rebutting the presumption of soundness at entry. The skin disorders other than boils have not been shown to be related to service or due to Agent Orange exposure.

The Veteran's lumbosacral strain is rated at 20 percent, the maximum available rating under the General Rating Formula for Diseases and Injuries of the Spine. A separate 10 percent rating has been granted for left lower extremity neurological manifestations.

The Veteran's service-connected lumbar strain with degenerative osteoarthritis is currently rated at 20 percent, and the Board finds that this rating adequately reflects his disability level.

The Board has determined that the evidence is in equipoise, and therefore grants service connection for obstructive sleep apnea.

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

The Board found no evidence of chronic symptoms of sleep apnea during service and determined that the Veteran's current sleep apnea is not related to his military service. The claim for service connection was denied.

The Veteran's appeal is remanded due to procedural confusion and the need for additional development regarding his service-connected lower back disability, including degenerative disc disease.

The Board granted a higher disability rating of 40 percent for the Veteran's service-connected lumbosacral spine disorder, effective December 26, 2010. The rating is based on significant limitation of motion.

The Veteran's lumbosacral strain with degenerative disc disease and osteophytes was evaluated as non-compensably disabling from April 1, 2005, to May 19, 2010. From May 20, 2010, forward, the disability has been rated at 10 percent.

The Board has granted service connection for hypertension, sleep apnea, and diabetes mellitus. The Veteran's hypertension is found to have begun in service and was aggravated by his service-connected sleep apnea. His sleep apnea is found to have begun in service and is related to his service-connected sleep apnea. Diabetes mellitus is found to be caused by the Veteran's service-connected sleep apnea.

The Board has denied the Veteran's claims of service connection for congestive heart failure, bilateral hearing loss, breathing problems and/or sleep apnea, and a psychiatric disorder. The evidence does not support a finding that these conditions are related to service.

The Veteran's claim for an evaluation in excess of 20 percent for his service-connected post traumatic lumbosacral strain/sprain superimposed with a herniated disc and spinal fracture at S2 was denied as the evidence did not meet the criteria for a higher rating.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine is granted with a rating of 20 percent effective July 17, 2008. The ratings for varicose veins in both lower extremities and chondrocalcinosis of the left knee are denied. The Veteran's residual scar from the excision of a cyst on his wrist is also granted.