Sleep apnea Board decisions

The Veteran's back condition, diagnosed as mild degenerative arthritis of the lumbosacral spine and lumbosacral strain, has been rated at 20 percent disabling since January 12, 2009. The rating is based on moderate limitation of motion.

The Veteran's service connection claim for right S1 radiculopathy is granted. The reduction of the Veteran's disability compensation benefits due to incarceration for a felony conviction was proper.

The Veteran's service-connected lumbosacral pain syndrome has been rated at 20 percent since February 14, 2009. The Board found that the evidence does not support a higher rating prior to this date.

The Veteran's left hip disability is service-connected, and he was granted a higher rating for his right foot disability. The effective dates for the service connection of depressive disorder, OSA, and fibromyalgia are established as December 19, 2007.

The Veteran's lumbosacral strain with degenerative changes was rated at 10% from June 23, 2003 to September 3, 2008 and increased to 40% effective September 4, 2008.

The Veteran's initial disability rating for diabetes mellitus is denied as it does not meet the criteria for a higher rating.

The Veteran is granted service connection for headaches. Service connection for sleep apnea and COPD are denied.

The Board found that the Veteran's current back condition is not related to his active duty service or a service-connected right knee disability.

The Veteran's service-connected DJD of the lumbosacral spine was granted a 40 percent evaluation effective November 3, 2004. The Veteran's GERD is also rated at 30 percent under Diagnostic Code 7346.

The Board denied the Veteran's claims of service connection for right hip cellulitis, pulmonary tuberculosis, tinnitus, and a low back disorder. The claim for cognitive disorder was not addressed as it is related to an issue not involving service connection.

The Board has remanded the claims due to incomplete records and need for additional development.

The Veteran's service-connected lumbosacral strain with degenerative disk disease and thoracic facet dysfunction with degenerative disc disease is currently rated at 10 percent, effective September 1, 2005. The cervical spine disability is also rated at 10 percent.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claims of entitlement to service connection for lumbosacral strain and a cervical spine disability. The evidence added since the previous final denial is considered cumulative or redundant.

The Board has denied the Veteran's claims for service connection for sleep apnea and COPD, finding that there is no evidence of an in-service injury or relationship to active military service.

The Veteran has been granted service connection for obstructive sleep apnea, which is considered a direct service connection as no presumption or other special theory of entitlement was applicable.

The Board has remanded the case due to insufficient evidence regarding the Veteran's sleep apnea and its onset during service. The Veteran will be scheduled for a VA examination to determine if she currently has obstructive sleep apnea, and whether it is at least as likely as not that this disorder began during her military service.

The Veteran's claims for increased ratings and service connection were denied. The initial rating for fibromyalgia, bilateral hip pain, and IBS was upheld at 40 percent.

The Board found that the Veteran's sleep apnea and various ENT disorders did not manifest during service or within one year of separation, and are not related to service. The claims were denied.

The Veteran's claim for an increased evaluation in excess of 10 percent for his service-connected status post T7 compression fracture with lumbosacral spine degenerative disc disease with chronic thoracic spine strain was denied due to failure to report for a scheduled VA examination without good cause.

The Board has denied the Veteran's claims for service connection for a lumbosacral strain and a right hip condition, finding that there is no evidence of an injury or disease in service and insufficient medical evidence to link current conditions to service.