Sleep apnea decisions — 2010

The Veteran's claim for TDIU is being remanded due to the need for additional medical examination and review of his employment history.

The Board has remanded the case due to the need for additional evidence and a VA examination.

The Board has remanded the case due to conflicting reports and a need for further examination.

The Veteran's service-connected hypertension, right lower extremity radiculopathy, and lumbosacral degenerative disc disease have been granted. The hypertension is rated at zero percent; the right lower extremity radiculopathy at ten percent before August 20, 2007 and twenty percent after that date; and the lumbosacral degenerative disc disease at twenty percent effective July 6, 2009.

The Board has determined that the Veteran's current low back disability is not related to his service and has denied his claim for service connection.

The Veteran's claim for an effective date prior to December 1, 1994 for service connection of PTSD is granted. The Veteran's current rating for loss of sense of smell (10%) is the maximum schedular evaluation and no higher rating is warranted.

The Veteran's lumbosacral strain and chronic neck strain conditions have not met the criteria for a higher evaluation under the applicable rating schedule.

The Board has remanded the case due to insufficient evidence regarding the Veteran's incapacitating episodes of his degenerative joint disease, thoracic and lumbosacral spine. The VA examiner is requested to provide an addendum that addresses the current severity of the Veteran's condition.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is being remanded due to the need for additional development of his medical records and an examination to assess the combined effects of his service-connected disabilities on his employability.

The Veteran's obstructive sleep apnea was granted a noncompensable evaluation prior to January 7, 2009 and a 50 percent evaluation from that date forward. The appeal for an increased rating is denied.

The Veteran's claim for an initial rating in excess of 20 percent for lumbosacral strain prior to June 23, 2009 was denied. For the period beginning June 23, 2009, a rating in excess of 40 percent is granted.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, even though they do not result in a combined 100 percent schedular evaluation.

The Board has remanded the case for additional development, including obtaining medical records and conducting a VA examination to determine if sleep apnea was incurred during active service.

The Veteran's claim for a rating in excess of 10 percent for degenerative arthritis of the cervical spine was denied. The VA medical examination showed that the Veteran had forward flexion to at least 45 degrees, extension to at least 35 degrees, right lateral flexion to 38 degrees, left lateral flexion to 40 degrees, right rotation to 60 degrees, and left rotation to 55 degrees. The combined range of motion was 273 degrees.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing updated VA examinations.

The Board denied entitlement to service connection for left knee and low back disabilities, finding that the current diagnoses were not related to active duty service or service-connected right knee disability.

The Veteran's claim for a compensable rating for his heart murmur was denied by the Board. The VA examiner found that the Veteran does not exhibit a workload greater than 7 METs but not greater than 10 METs or require continuous medication solely as a result of his service-connected heart murmur.

The Veteran's service-connected discogenic lumbosacral disc disease was rated at 20 percent effective November 30, 2007. The appeal is denied as the disability does not warrant a higher rating.

The Board has remanded the Veteran's claims for service connection for sleep apnea and hypertension as secondary to his service-connected diabetes mellitus type II with erectile dysfunction and arteriosclerotic heart disease, respectively. The VA examiners are requested to provide opinions on whether these conditions were caused or aggravated by his service-connected disabilities.

The Board denied service connection for a low back disability as secondary to service-connected compression fractures of T4, T5, and T6. The issue of entitlement to an effective date earlier than May 7, 2002, for Total Disability Rating Based on Individual Unemployability (TDIU) was also addressed but is remanded.