Sleep apnea Board decisions

The Veteran's service-connected degenerative changes of the thoracic and lumbosacral spine have been rated at 40 percent, which is in excess of his current rating.

The Board has determined that the Veteran's current low back disability, diagnosed as DDD of the lumbosacral spine with facet arthropathy and L4-L5 HNP, did not have its onset during active military service.

The Board has granted service connection for a low back disability as secondary to the Veteran's service-connected gunshot wound of the left foot. The issue of entitlement to an increased rating for the gunshot wound remains pending and will be remanded.

The Board has remanded the case for further development regarding service connection for a lumbosacral spine disorder, to include as secondary to service-connected left knee disability.

The Board has determined that a new VA examination is necessary to evaluate the current severity of the Veteran's service-connected cervical and lumbosacral spine disabilities, as well as whether TDIU should be considered.

The Board has determined that service connection is warranted for the Veteran's left shoulder disorder, sinusitis, sleep apnea, nephrolithiasis with left back pain, and residuals of hyperextension injury of the right wrist. The appeal regarding these claims is granted.

The Board found no evidence of a current diagnosis of a chronic bilateral shin disorder and denied the Veteran's claim for service connection. The Veteran is also seeking an initial compensable evaluation for his lumbosacral strain, but as this issue was not addressed in the decision summary, it remains pending.

The Veteran's claim for benefits under 38 U.S.C.A. § 1151 was denied as there is no evidence that his additional right rib cage fractures and back pain resulted from inadequate VA treatment.

The Veteran's appeal is remanded due to the need for a new VA examination of his service-connected low back disorder and consideration of whether he is unemployable.

The Board has determined that the Veteran's current back disability, including arthritis of the lumbosacral spine, is presumed to have been incurred during service due to radiographic evidence of arthritis within one year of service.

The Veteran's claims for various conditions, including hypothyroidism, ulcerative colitis, sleep apnea, folliculitis, a seizure disorder, and a chronic eye disorder, were denied as they are not shown to be related to service or herbicide exposure.

The Board denied the Veteran's claims for service connection for a right hip disability and to reopen his claim of service connection for lumbosacral strain. The decision found that new and material evidence had not been submitted, and that any current back condition was likely congenital in origin.

The Board has determined that the Veteran's sleep apnea and cataplexy are not proximately due to, the result of, or aggravated by his service-connected PTSD.

The Veteran's claims for service connection for sleep apnea and fatigue have been denied as there is no competent or probative medical evidence showing that these conditions are related to his military service.

The Veteran's lumbosacral strain with right S1 radiculopathy was rated at 20 percent since December 12, 2007. The effective date for this rating is set as of that date. The Veteran's claim for an earlier effective date was denied.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and VA treatment records. The TDIU claim will also be remanded for further adjudication.

The Veteran's lumbosacral strain and cervical syndrome have been granted increased ratings to 40 percent and 30 percent, respectively, effective May 18, 2006.

The Veteran's claims for higher initial disability ratings for his lumbar and thoracic spine disabilities have been denied. The VA has considered all relevant evidence, including the results of VA compensation examinations.

The Veteran's current flushing syndrome and associated symptoms are secondary to his contamination during service with jet engine fuel.,Diabetes mellitus, coronary artery disease, hypertension, osteopenia, and obstructive sleep apnea are all secondary to the Veteran's service-connected flushing syndrome.

The Board finds that the Veteran's sleep apnea with hypersomnolence is not related to his military service or any service-connected condition, including Agent Orange exposure. The claim must be denied.