Sleep apnea Board decisions

The Veteran does not have lumbosacral degenerative disc and facet disease that is the result of a disease or injury incurred in service. The Board finds no evidence to support a finding that the Veteran's current condition is related to his military service.

The Veteran's unauthorized medical expenses for treatment received from Family Medicine of Carthage, PC and Northern Radiology Associates on January 15-17, 2006 are granted as the services were provided in an emergency room setting due to a non-service-connected condition that was not associated with or aggravating his service-connected disability.

The Board found that the Veteran's lumbar spine disability, diagnosed as lumbosacral strain and degenerative disc disease at L5-S1, was not incurred in or aggravated by his active duty service. The Board also determined that it is less likely than not related to his service-connected bilateral chondromalacia.

The Board has remanded the case for a VA examination to determine if the Veteran's sleep apnea is secondary to his service-connected PTSD. The claim will be reconsidered based on the new evidence.

The Veteran's low back disability, rated as 40 percent disabling since July 2, 2009, warrants a higher rating due to limitation of forward flexion to 30 degrees.

The Veteran's claims for service connection for lumbosacral strain, bone spurs of the left shoulder, and degenerative arthritis of the right hand were denied as there is no competent evidence linking these conditions to his military service.

The Board has remanded the Veteran's claims for additional development, including scheduling VA examinations and obtaining pertinent records.

The Board has remanded the Veteran's claims for service connection due to the need for additional development, including obtaining medical opinions regarding his eye disorder and tonsillitis.

The Veteran's claim for an increased rating for lumbosacral disc disease was denied as his disability did not meet the criteria for a higher rating based on unfavorable ankylosis of the entire thoracolumbar spine. The current evaluation of 40% is maintained.

The Veteran's right ankle disability is rated at 10 percent, and his low back disability is rated at 20 percent prior to November 22, 1999, and 40 percent from that date. The appeal for higher ratings remains denied.

The Veteran's claims have been dismissed due to his death.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation, thus his claim for TDIU is denied.

The Veteran's degenerative disc disease of the lumbosacral spine is found to be proximately due to his service-connected intra-articular fracture, right distal femur with malunion and degenerative joint disease, right knee. The claim for secondary service connection is granted.

The Veteran's disability picture reasonably encompasses a variety of significant multi-system disabilities that render him more often than not unable to safely perform virtually all activities of daily living without regular assistance from another person, warranting the grant of SMP benefits based on the need for regular aid and attendance.

The Board has granted service connection for diabetes mellitus, finding that the Veteran's current condition is related to his military service. Service connection was denied for sleep apnea due to lack of a medical nexus between the condition and either the Veteran's military service or any service-connected disability.

The Board has determined that the Veteran's sleep apnea was not incurred in or aggravated during active service and is not proximately due to or the result of a service connected disease or injury.

The Veteran's claims for increased ratings and service connection were denied. The initial rating for the lumbosacral spine was granted but at a noncompensable level, effective September 1, 2002. The Veteran's claims for asthma and GERD were also denied.

The Veteran's claims for service connection and increased evaluations were denied. The RO found that the evidence did not support a compensable rating for hearing loss.

The Veteran's claims for increased disability ratings and effective dates were denied.,The Veteran's claim for TDIU was also denied. The April 1971 rating decision reducing the lumbosacral strain rating from 20% to noncompensable is not considered clear and unmistakably erroneous.

The Board has granted service connection for the Veteran's lumbosacral spine degenerative joint disease and degenerative disc disease, finding that these conditions were aggravated by his service-connected bilateral knee disabilities. The claim for an initial rating in excess of 30 percent for left knee arthroplasty is referred to the RO for further development.