Sleep apnea Board decisions

The Board has granted service connection for bilateral hearing loss. The Veteran's claims for obstructive sleep apnea and lung disorder are remanded due to outstanding records and further development is needed.

The Veteran's service-connected lumbar fibromyositis with lumbosacral HNP at L5-S1 has been rated as 40 percent since December 4, 2006 and now increased to 60 percent effective from that date. The left S1 lumbar radiculopathy is also service-connected.

The Veteran's low back disability was not incurred in or aggravated by service and may not be presumed to have been incurred or aggravated therein.

The Veteran's appeal is being remanded for additional development, including a VA examination and consideration of the recent revisions to 38 C.F.R. � 3.304(f)(3).

The Veteran's service-connected conditions have been evaluated based on the current rating criteria, with no new or higher ratings granted.

The Veteran's obstructive sleep apnea was rated at 50 percent, but the Board found no evidence of respiratory failure or right ventricle pathology. The left knee disorder and right hand strain were both rated at 10 percent.,The Veteran's initial ratings for his musculoskeletal disorders did not meet the criteria for higher evaluations.

The Board found that the Veteran's sleep apnea is not proximately due to or aggravated by his service-connected diabetes mellitus type II with erectile dysfunction, and thus denied this claim.

The Board has remanded the case to the Department of Veterans Affairs Regional Office for compliance with instructions in a Joint Motion, and the Veteran's claim for an initial compensable rating for lumbosacral strain is now pending before the RO.

The Veteran seeks a disability rating in excess of 40 percent for his service-connected degenerative disc disease of the lumbosacral spine. The case is remanded to obtain additional evidence and consider extraschedular evaluation.

The Veteran's appeal is being remanded to obtain additional medical opinions regarding his sleep apnea and gastrointestinal disorder, as well as to ensure that the appropriate evidence has been obtained for both claims.

The Veteran's claims for increased ratings for lumbosacral strain with disc disease and left lower extremity radiculopathy were denied as the evidence did not meet the criteria for a higher rating under the applicable VA Schedule for Rating Disabilities.

The Veteran's death was not caused by, or substantially or materially contributed to his death, by any service-connected disability. The Board found that the cause of death was pneumonia, and determined that the Veteran's service-connected arthritis did not contribute substantially or materially to his death.

The Board found no evidence of a current disability related to service for spondylosis with disc space narrowing lumbosacral spine and degenerative changes, right shoulder. The Veteran's assertions were deemed not credible due to the lack of continuity of symptoms since service.

The Veteran's cervical spine disability is rated at 10 percent, and his claim for service connection for obstructive sleep apnea was denied.

The Veteran's claims for increased evaluations of lumbosacral degenerative disc disease with left leg pain, and service connection for right knee disability, left knee disability, sinus disorder, and lung disorder (claimed as tuberculosis and chronic chest pain) were denied. The Veteran was not granted an evaluation in excess of 10 percent for his lumbosacral degenerative disc disease with left leg pain prior to October 29, 2009, or a rating in excess of 40 percent since that date.

The Veteran's appeal for an earlier effective date for the grant of service connection for osteoarthritis of the lumbosacral spine is denied. The Board found no evidence that the Veteran had filed a claim or informal claim prior to October 23, 2008, and thus, the effective date cannot be earlier than this date.

The Veteran's PTSD and lumbar spine conditions were not found to warrant evaluations in excess of the currently assigned ratings.

The Veteran's appeal has been withdrawn, and the Board is dismissing the case.

The Board has remanded the case for additional development, including obtaining private medical records and providing a VA examination to determine whether the Veteran's complaints of back pain within one year of service discharge represented the onset of arthritis.

The Board has determined that the Veteran's service connection claim for a psychiatric disorder, identified as insomnia, is granted. The TDIU and increased evaluation claims are remanded.