Sleep apnea Board decisions

The Board has remanded the case to the RO for further review due to issues related to service connection and etiology of back conditions.

The Veteran's service-connected sleep apnea was not found to warrant a higher evaluation before October 30, 2006. From October 30, 2006 to November 30, 2010, the condition did not meet criteria for a rating in excess of 30 percent. Since December 1, 2010, no compensable evaluation was warranted.

The Board denied the Veteran's claim of service connection for sleep apnea, finding that it was not related to his asbestos exposure in service. The Board also declined to reopen a claim of service connection for tinnitus.

The Veteran's service connection claim for PTSD is granted, and his lumbosacral osteoarthritis rating remains unchanged.

The Board has remanded the case for additional development, including a VA spine examination and consideration of all submitted evidence.

The Board has determined that additional development, including obtaining a VA examination, is necessary to determine the nature and etiology of the Veteran's sleep apnea. The Veteran claims his current sleep disorder may be related to his service-connected TBI.

The Board denied the Veteran's claims for service connection for lumbosacral strain, hairline fracture of the right jaw, arthritis of hands, and lumbar degenerative disc disease. The claim for increased rating for left knee chondromalacia with degenerative changes was also denied.

The Veteran's lumbosacral spine disability was previously rated at 10 percent prior to April 8, 2007. The claim for a higher rating is denied as the evidence does not meet the criteria for a rating in excess of 10 percent.

The Veteran's service-connected lumbosacral strain was rated at 20 percent from February 2, 2005, and a 10 percent rating was assigned from June 22, 2005. The Board denied the claim for higher ratings.

The Veteran's appeal is being remanded for additional development of her claims, including obtaining VA treatment records from June 2009 to the present. The case will be returned to the Board for further consideration.

The Veteran's claims for service connection for bilateral pes planus and sleep apnea are being remanded due to the need for additional examinations and opinions.

The Veteran's lumbosacral strain and left forearm fracture disabilities have been granted increased evaluations, with the lumbosacral strain receiving a 40% evaluation effective September 10, 2009.

The Veteran's left lower extremity radiculopathy is not service-connected as it is not caused or aggravated by his service-connected low back disability. The Board also denied the claim for an initial evaluation in excess of 40 percent for the service-connected low back disability and TDIU.

The Veteran has withdrawn his appeals for chronic hearing loss disability, chronic actinic keratosis, and chronic obstructive sleep apnea syndrome. The appeal is dismissed as a result.

The Veteran's claim for an increased rating for her service-connected lumbosacral strain, degenerative disc disease (DDD) at T11-12 and L5-S1, and spondylosis at L5-S1 is being remanded due to the need for additional development of her medical records.

For the period of the appeal, the evidence demonstrates that the Veteran's lumbosacral strain has been manifested by limitation of motion with pain on motion; flexion of the lumbar spine to 65 to 90 degrees, and mild to moderate muscle spasm. The criteria for a rating in excess of 40 percent are not met.

The Board denied service connection for the Veteran's claimed conditions, finding that there was no evidence of a current disability or a relationship to service. The claims were not granted as secondary to service-connected diabetes mellitus with erectile dysfunction, hypertension, or any other condition.

The Veteran's lumbosacral strain was found to be at least as disabling as a 20% rating, and no higher. The Board denied an increased rating.

The Veteran's claims for increased evaluations and service connection were denied. The decision is based on the existing evidence and applicable rating criteria.

The Veteran's service-connected disabilities cause her to be in need of regular aid and attendance of another person, as evidenced by her limited mobility, inability to dress or bathe herself without assistance, and frequent need for adjustment of special prosthetic appliances. The Board finds that she meets the criteria for SMC based on the need for regular aid and attendance.