Sleep apnea Board decisions

The veteran's claims for increased evaluations were partially granted, with some conditions receiving higher ratings and others remaining at their current levels.

The Board remands the claims for a medical opinion to determine if the veteran's back and knee disorders are related to his service-connected left hip disability or to service.

The Board denied entitlement to a referral for an extraschedular evaluation in excess of 60 percent for lumbosacral strain with arthritis.

The Board denied the veteran's claims for service connection for lumbosacral strain and degenerative disc disease of the lumbar spine, finding no current disability and that any pre-existing back injury was not aggravated by military service.

The veteran's sleep apnea was denied an initial rating in excess of 20 percent, as the disorder has not resulted in chronic respiratory failure, carbon dioxide retention, or cor pulmonale and does not require a tracheostomy.

The veteran's claim for a rating in excess of 20 percent for lumbosacral insufficiency with spondylolisthesis was remanded to obtain additional evidence and an updated VA examination.

The veteran's claim for an increased evaluation for lumbosacral strain with partial laminectomy, L5 was denied as the evidence did not support a higher rating.

The veteran's diabetes mellitus, lumbar spine disability, left shoulder disability, hypertension, and peripheral neuropathy of the upper and lower extremities were not found to warrant ratings in excess of those currently assigned.

The veteran's claims for service connection and increased ratings were denied as the evidence did not support the presence of a disability or sufficient severity to warrant higher ratings.

The Board finds that the veteran has a current diagnosis of sleep apnea that is etiologically related to active service and grants service connection for this condition.

The Board denied the veteran's claims for service connection for polyarteritis nodosa, pemphigus foliaceous, erectile dysfunction with loss of use of a creative organ, bilateral peripheral neuropathy of the upper extremities and bilateral peripheral neuropathy of the lower extremities as they were not shown to be related to his active service or in-service herbicide exposure.

The Board remands the case to obtain a new medical opinion regarding the etiology of any obstructive sleep apnea found to be present, as the previous opinions did not adequately address the lay evidence in support of the veteran's claim.

The appeal is remanded to the RO for further development and consideration of the veteran's claims.

The veteran's service-connected lumbosacral strain with mechanical back pain, L5 disc bulging and limitation of motion does not warrant a rating in excess of 20 percent. However, the veteran is entitled to separate ratings of 10 percent for chronic pain in both legs due to radiculopathy.

The veteran withdrew his appeal for service connection for obstructive sleep apnea.

The veteran's PTSD was rated at 30 percent prior to July 16, 2006, and increased to 50 percent from that date due to symptoms of depressed mood, difficulty sleeping, flashbacks, startle response, hypervigilence, and difficulty establishing effective work and social relationships.

The veteran's lumbosacral strain with degenerative disc disease at L4-5 is not more disabling than currently evaluated, as the evidence does not show a disability rating greater than 10 percent.

The Board denied service connection for COPD, a heart disability and sleep apnea as they were not shown to be related to the veteran's military service or any incident therein.

The Board granted service connection for tinnitus, degenerative changes of the lumbosacral spine, and a bilateral knee disability based on evidence showing these conditions are attributable to the veteran's military service.

The veteran's lumbosacral disability is primarily manifested by forward flexion of the thoracolumbar spine of 20 degrees, with no evidence of ankylosis or incapacitating episodes.