Sleep apnea Board decisions

The Board has decided to remand the case for further development, including obtaining medical records and scheduling a VA examination.

The Veteran's appeal is being remanded for additional development, including VA examinations to assess the severity of his service-connected lumbar degenerative disc disease and any diagnosed lumbosacral radiculopathy. The RO/AMC will then review the claims of entitlement to a rating in excess of 20 percent for lumbar degenerative disc disease and service connection for lumbosacral radiculopathy.

The Veteran's appeal for an increased rating for his lumbosacral spine fusion was denied, and the issue of a higher initial rating for radiculopathy of the left lower extremity remains pending.

The Veteran's degenerative disc disease of the lumbosacral spine is currently rated at 60 percent, but his disability does not meet or approximate criteria for a higher rating under any applicable diagnostic code.

The Veteran's service-connected lumbosacral strain was rated at 10 percent prior to July 12, 2006 and at 20 percent from that date. The Board found the evidence did not support staged ratings in excess of these assigned percentages.

The Board denied the Veteran's claims for increased ratings and service connection, finding that his left ear hearing loss warranted a noncompensable rating. The Veteran also withdrew his appeal regarding mandibular prognathia.

The Veteran's appeal is being remanded due to his request for a hearing before the Board of Veterans' Appeals.

The Board has remanded the case for additional development, including obtaining service treatment records and scheduling VA examinations.

The Veteran's claims for service connection for hypertension, sleep apnea, and bilateral hearing loss were denied. The claim for an initial compensable evaluation for alopecia universalis was granted with a 10% rating effective from December 2005.

The Board has granted the Veteran's application to reopen his claim for service connection for a low back disorder and has determined that new and material evidence has been received. The Veteran is now entitled to an increased rating of 20 percent for diabetes mellitus with erectile dysfunction.

The Board has determined that the Veteran's sleep apnea is related to his military service and grants the claim for service connection.

The Veteran's service-connected disabilities, including a herniated disc laminectomy and major depressive disorder, make it impossible for him to secure or follow substantially gainful employment.

The Veteran's service-connected chronic lumbosacral strain alone reasonably precludes him from securing or maintaining gainful employment, and the Board finds that he is entitled to a TDIU.

The Board has reopened the claim of service connection for sleep apnea due to new and material evidence. However, the issue of whether the Veteran's current sleep apnea is related to his military service remains pending as a remand is required to obtain a VA examination.

The Board has determined that the Veteran's bilateral foot disability, hypertension, and sleep apnea were all incurred during his military service.

The Veteran's service-connected lumbosacral strain and degenerative disc disease of the lumbar spine do not meet the criteria for a higher rating as they do not result in unfavorable ankylosis or require medically prescribed bedrest.

The Board found that the Veteran's lumbosacral strain with severe spondylosis did not meet or approximate criteria for a rating in excess of 40 percent, as there was no unfavorable ankylosis and no associated objective neurologic abnormalities.

The Board has determined that the Veteran's sleep apnea was incurred in active service and granted service connection for this condition.

The Board denied the Veteran's claim for an increased rating for his service-connected lumbar spine disability, currently rated at 40 percent.

The Veteran's claim for an increased rating for his lumbosacral strain was denied, as the disability did not warrant a higher evaluation.