Sleep apnea Board decisions

The Board has granted service connection for a low back disorder, cervical spine disorder, and bilateral knee disorder. The Veteran's PTSD remains at a 30 percent rating.

The Board found that the Veteran's sleep apnea and PTSD were not incurred or aggravated during his active service, and thus denied both claims.

The Board found that the Veteran's service-connected disabilities did not cause his death or contribute substantially to it. The cause of death, asphyxia due to drowning, was unrelated to active duty service.

The Veteran's congenital retinitis pigmentosa was aggravated by the conditions of his military service, and he is therefore entitled to service connection for this condition.

The Veteran's claims for increased ratings were denied. The VA determined that the evidence did not meet the criteria for a higher disability rating under any applicable diagnostic codes.

The Veteran has withdrawn his appeal regarding the claim of service connection for sleep apnea, which was secondary to service-connected PTSD. As a result, this issue is dismissed without prejudice.

The Veteran's lumbosacral strain has been rated at 10 percent since March 13, 2006. The Board found that a higher rating is not warranted as his forward flexion of the thoracolumbar spine was normal (90 degrees) and there was no additional functional loss with repetitive motion.

The Veteran's appeal is being remanded to allow for a statement of the case on his claim for service connection for a lumbosacral herniated nucleus pulposus. The hearing loss in the right ear issue will be addressed after a VA examination.

The Veteran's claim for an increased rating for his service-connected lumbosacral strain with degenerative disc disease and sciatica symptoms is being remanded due to the need for additional development, including obtaining medical records from various providers.

The Veteran's claims for increased ratings and TDIU have been remanded due to the need to consider both old and new rating criteria, as well as extraschedular considerations. The case will be returned to the Board for further review.

The Veteran's appeals for increased ratings and service connection were denied. His right knee disability was rated at 20 percent, his lumbosacral spine disability was rated at 20 percent prior to September 26, 2003, and 10 percent thereafter, his right shoulder disability was not granted service connection, and his left shoulder disability was also not granted service connection. The appeal for cervical spine disability with bilateral hand numbness was withdrawn by the Veteran.

The Board found no relationship between the Veteran's current back disorder and his in-service sky diving injury, thus denying service connection for a compression fracture of the T12-L1 vertebrae. The claim for sleep apnea is remanded due to insufficient evidence regarding its onset or etiology.

The Veteran's lumbosacral spine disability, including strain and L4-L5 disc herniation, is currently rated at 40 percent. The claim for sciatica affecting the left lower extremity due to this condition has not met the criteria for a higher initial rating of more than 10 percent.

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

The Veteran's TDIU claim is remanded due to the need for further development and consideration of new claims, including service connection for a depressive disorder and an increased evaluation for his low back disability. The case may be referred for extraschedular consideration if appropriate.

The Veteran's service-connected DJD of the lumbosacral spine is currently rated at 40 percent, and his initial evaluation for DJD of the left knee remains denied.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Board denied the Veteran's claims for service connection for left ear hearing loss and lumbosacral strain, finding no evidence of a chronic disease during service or within one year after separation. The examiner attributed the current conditions to occupational noise exposure in civilian life.

The Veteran's service-connected low back disability, characterized by degenerative spondylosis and disc herniation of L5-S1, was found not to warrant a rating higher than the currently assigned 20 percent for the entire period on appeal.

The Veteran's claim for an increased evaluation in excess of 10 percent for his service-connected back disability is being remanded due to procedural deficiencies and the need for additional development.