Sleep apnea Board decisions

The Veteran's low back disability was previously rated at 20 percent and increased to 40 percent effective November 20, 2008.

The Board found that the Veteran's combined rating of 60 percent for his service-connected conditions does not meet the criteria for a permanent and total disability rating for nonservice-connected pension purposes.

The Board found that the Veteran's current lumbosacral disability, including spondylolisthesis and DJD of the lumbar spine, did not have its onset in service or within one year thereafter and has not been etiologically linked to his service. Therefore, service connection for these conditions was denied.

The Veteran's appeal is being remanded for additional development, including the need to provide his representative with an opportunity to review the case and submit a VA Form 646.

The Board has remanded the case for additional development, including obtaining medical records and arranging for VA examinations to address the Veteran's claims for service connection of depression, multi-level degenerative changes, and erectile dysfunction.

The Veteran's residuals of a low back injury with lumbosacral strain and T-5 fracture are currently rated at 40 percent, which fully satisfies the Veteran's appeal for an increased rating.

The Veteran's lumbosacral strain is not manifested by forward flexion of the thoracolumbar spine to 30 degrees or less, and there is no evidence of favorable ankylosis. Therefore, his claim for a higher initial disability rating is denied.

The Board has ordered a remand to obtain an updated VA examination and opinion regarding the relationship between the Veteran's obstructive sleep apnea and his service-connected sinus headaches or related sinusitis.

The Board found that the veteran's current back disorder was not incurred or aggravated by service and denied his claim for service connection.

The Veteran's back condition, diagnosed as lumbosacral strain, is currently rated at 40 percent and the evidence does not support a higher rating.

The Veteran's IBS has been granted a higher initial disability rating of 30 percent since the effective date of service connection. Service connection for sleep apnea was also granted.

The Board has determined that the Veteran's depression and sleep apnea are related to his service-connected diabetes mellitus, granting service connection for both conditions.

The Board has remanded the case for a travel board hearing at the RO due to the Veteran's request.

The Veteran is entitled to the services outlined in his Individual Independent Living Plan (IILP) for the period from July 27, 2005 to August 1, 2006.

The Veteran's lumbosacral strain with L4 degenerative disc disease is manifested by limitation of flexion, no neurologic abnormalities, and no prescribed periods of bed rest. The criteria for assignment of an initial rating in excess of 20 percent have not been met.

The Board has determined that the Veteran's current back disability, including arthritis, did not manifest within one year after service and was not related to an injury or incident in service. Therefore, service connection cannot be presumed. The Board also found no other medical evidence of record providing a link between the Veteran's current disability and his service.

The Veteran's claims for service connection for bilateral hearing loss, hypertension, and sleep apnea are being remanded due to the need for additional development of his medical records.

The Veteran is seeking an increased rating for his service-connected lumbosacral strain, chronic, with degenerative changes at L5-S1. The claim was remanded in June 2007 and again in June 2008 due to the lack of a July 2007 VA neurological disorder examination report.

The Board has decided to remand the Veteran's claims for further development, including obtaining additional medical records and conducting examinations to address the nature of his claimed conditions and their relationship to service.

The Veteran's appeal is denied as his lower back disability does not warrant a rating in excess of the assigned ratings for any period.