Sleep apnea decisions — 2010

The Board has granted service connection for chondromalacia of the right knee and assigned a 20% disability rating. The Veteran's left knee is rated at 30%, with an effective date prior to June 8, 2010.

The Board denied the Veteran's claims for service connection for various conditions, including obstructive sleep apnea, hypertension, and residuals of tuberculosis exposure. The decision also addressed other issues such as bilateral shoulder and knee disorders, carpal tunnel syndrome, sacroiliac disorder, and tinnitus.

The Board has remanded the case due to an error in relying on a September 2008 VA opinion, which did not address whether the cumulative effect of parachute jumps during service caused or was related to the Veteran's current back disability. The case is now returned for further examination and consideration.

The Veteran's claims for service connection for an acquired psychiatric disorder, to include schizophrenia and PTSD, as well as his claim for a higher rating for lumbosacral strain with degenerative joint disease and degenerative disc disease of the lumbosacral spine have been granted. The effective date for the 20% disability rating for lumbosacral strain is October 7, 1999.

The Board has remanded the case for additional development due to the need for a VA examination and further review of the medical records.

The Veteran's service-connected disabilities do not meet the schedular criteria for a total disability rating based on individual unemployability, as their combined rating is 30 percent. The claim will be referred to the VA Director of Compensation and Pension Service for consideration on an extraschedular basis.

The Veteran is seeking a higher rating for his service-connected degenerative joint disease (DJD) of the lumbosacral spine. The RO previously granted service connection and assigned a non-compensable rating, but now seeks to determine if a compensable rating should be assigned based on recent medical evidence.

The Veteran's low back disability was found to be manifested by chronic pain, limitation of flexion to 50 degrees, and a total range of motion greater than 120 degrees without muscle spasm, guarding, abnormal gait or spinal contour. The Board granted an evaluation in excess of 20 percent for lumbosacral strain prior to November 20, 2008.

The Veteran's chronic lumbosacral strain with degenerative changes at L5-S1 is currently rated as 40 percent disabling on and after June 1, 2005.

The Board has granted service connection for a deviated nasal septum status post corrective surgery, obstructive sleep apnea, and allergic rhinitis/sinusitis with intermittent allergic bronchitis.

The Veteran's service-connected degenerative disc disease of the lumbosacral spine does not render him unable to secure and maintain gainful employment.

The Veteran's appeal is being remanded for additional development, including a new VA examination to address the DeLuca factors and assess functional impairment due to pain.

The Veteran's coronary artery disease, status post myocardial infarction, is rated at 60 percent since the date of claim. The Veteran's chronic lumbosacral strain is rated at 20 percent from April 29, 2002, and prior to that date was rated at 10 percent. There is no rating assigned for joint and muscle pain due to an undiagnosed illness.

The Veteran's claims for increased ratings and service connection were denied. The Veteran's asthma was not found to warrant a higher rating, and his obstructive sleep apnea was determined not to be related to his GERD.

The Veteran's claim for an increased rating for lumbosacral strain with degenerative joint disease is being remanded due to the need for a new VA examination to assess current functional loss and severity of his disability.

The Veteran's low back disabilities are found to be related to his period of active duty for special work (ADSW) in support of Hurricane Katrina relief efforts, and service connection is granted.

The Veteran's PTSD was granted an increased rating to 70 percent, effective April 27, 2004. Service connection for sleep apnea was denied.

The Board has determined that the evidence received since the March 1989 rating action is not new and material, thus denying the Veteran's request to reopen her claims for service connection for disabilities of the neck and back including lumbosacral strain.

The Board denied the Veteran's request to reopen his claim of service connection for a lumbosacral strain, finding that the new evidence does not raise a reasonable possibility of substantiating the claim.

The Veteran's lumbosacral strain with degenerative joint disease is rated at 40 percent, and his left and right leg external popliteal nerve disabilities are each rated at 10 percent. The appeal was granted.