Sleep apnea Board decisions

The Board has granted a 20 percent evaluation for lumbosacral degenerative disc disease since January 30, 2003.

The Board has determined that the veteran's chronic lumbosacral strain is etiologically related to service and grants his claim for service connection.

The Board denied the veteran's claims for increased evaluations and service connection, finding that his lumbosacral strain with degenerative joint disease did not warrant a higher evaluation than 20 percent. The claim for sleep apnea was also denied as it was not shown to be related to service or his service-connected maxillary sinusitis.

The Board has determined that a new VA examination is necessary to determine the etiology of any current low back disability, and the veteran's claim for service connection will be remanded for this purpose.

The Board has remanded the case for additional development, including a VA examination to determine if the veteran's current obstructive sleep apnea is causally related to his active service or aggravated by his service-connected diabetes mellitus.

The Board has denied service connection for OSA. Service connection for Hepatitis C and Migraine Headaches is pending as additional evidence and examination are required.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine if the veteran's current back disabilities are related to service, specifically his service-connected ulcerative colitis.

The VA determined that the veteran's lumbosacral strain with degenerative arthritis does not warrant a rating higher than 40 percent, as his symptoms do not meet the criteria for more severe disability ratings.

The Board has granted service connection for sleep apnea and remanded the other issues due to incomplete development.

The Board found that the veteran's lumbosacral strain did not meet the criteria for a higher evaluation, as his forward flexion was not limited to 30 degrees or less and there was no evidence of favorable ankylosis. The claim was denied.

The Board granted higher ratings of 50 percent as of December 2, 2004 and 30 percent from May 20, 2008 for lumbosacral strain. The decision also referred a secondary service connection claim to the RO.

The veteran's initial ratings for cervical and lumbar spine disabilities were increased to 20 percent effective April 14, 2008.

The Board has denied the veteran's petition to reopen his claim for service connection for peripheral neuropathy (also claimed as right and left foot tingling with sleepiness, sleep apnea), to include as associated with herbicide exposure. The evidence submitted since the April 1998 denial does not relate to an unestablished fact necessary to substantiate the claim.

The Board denied the veteran's claim for an increased rating for his lumbosacral strain, finding that the evidence did not support a disability rating in excess of 40 percent.

The veteran's claims for higher ratings on several service-connected conditions were denied. The Board found that the evidence did not support a higher rating for her chronic lumbosacral strain, as it did not meet the criteria for a 20 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.

The veteran's appeal is being remanded for additional development of his claims, including obtaining post-service VA treatment records and providing VCAA notice.

The Board found that the veteran's obstructive sleep apnea was not incurred in or aggravated by his active service, and is unrelated to his service-connected broken nose with deviated nasal septum.

The Board has decided that the veteran's appeal for service connection for sleep apnea is dismissed. The issues of service connection for a psychiatric disorder to include major depression and PTSD, and peripheral neuropathy of the bilateral upper and lower extremities are remanded for further development.

The Board has granted service connection for headaches, lumbosacral spine degenerative arthritis with degenerative disc disease at L5-S1, and denied service connection for bilateral hearing loss. The veteran's headaches are found to have had its onset during active service.

The Board has determined that the July 2003 rating decision denying service connection for sleep apnea was not clearly and unmistakably erroneous. The correct facts were before VA at the time of the decision, and no error which would have changed the outcome is found.