Sleep apnea decisions — 2011

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected depression with PTSD symptoms, resolving all reasonable doubt in favor of the Veteran.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim of service connection for liposarcoma. However, the claim remains denied as there is no credible evidence linking the liposarcoma or its residuals to active service.

The Veteran's left knee disability is rated at 10 percent, effective from the date of the decision. The Veteran's lumbosacral strain is rated at 20 percent, effective May 17, 2010.

The Veteran seeks service connection for sleep apnea, which he claims is related to his active duty service or his service-connected lumbosacral spine disability. The Board has ordered additional development of the record and a medical opinion.

The Veteran's lumbosacral strain, cervical degenerative disk disease, and right knee retropatellar pain syndrome with osteoarthritis were all rated at the lowest possible initial evaluation of 10 percent for each condition. The evaluations have not changed since their initial assignment in October 2005.

The Board has granted the Veteran's claims for service connection for sleep apnea, headaches and a fixed right pupil (residuals of CVA), as well as increased ratings for his lumbar and cervical spine disabilities. The appeals are now resolved in favor of the Veteran.

The Board found that the reduction of the Veteran's lumbar spine disability rating from 20 percent to 10 percent was not supported by evidence showing actual improvement in his condition, and thus it was improper.

The Board denied an increased rating for lumbosacral strain during the period prior to March 7, 2009 and determined that new and material evidence had not been submitted to reopen a claim for entitlement to a temporary total rating under 38 C.F.R. § 4.30 based on a need for convalescence following left knee surgery in May 1991.

The Board has determined that the Veteran did not engage in combat and his reported stressors do not meet the criteria for service connection due to fear of hostile military or terrorist activity. Therefore, service connection is denied for PTSD, psychiatric disorder other than PTSD, bronchitis, Ghon's complex, sleep apnea, anemia, and hyperlipidemia.

The Veteran's rating for chronic lumbosacral strain was reduced from 40 percent to 10 percent, effective November 1, 2006. The case is being remanded due to procedural issues and the need for a VA examination.

The Veteran's claim for a higher rating for his service-connected lumbar degenerative disc disease with mild right lower extremity S1 radiculopathy was granted, and he is now rated at 40 percent effective January 28, 2010.

The Veteran's DDD with chronic lumbosacral strain was rated at 40 percent prior to April 1, 2010. Effective from April 1, 2010, the Veteran is entitled to a 60 percent rating for his disability due to incapacitating episodes of intervertebral disc syndrome (IVDS). The TDIU claim was granted effective April 1, 2010.

The Veteran's lumbosacral strain disability was found to be manifest by limitation of forward flexion of less than 30 degrees, which did not meet the criteria for a higher rating. The claim for an increased rating was denied.

The Veteran's claims for increased ratings were denied. The Board found that the records necessary to adjudicate his claims had not been located and that he was provided with proper VCAA notice.

The Board has remanded the case for further development, including providing VCAA notice and scheduling a VA examination to determine the nature and etiology of the Veteran's neck disability, including as secondary to his service-connected lumbosacral spine disability.

The Veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment.

The Veteran's service-connected lumbosacral strain was granted a 20 percent rating effective March 5, 2008. Service connection for cognitive disorder due to TBI was also established.

The Veteran's low back disability, when considering pain and corresponding functional loss, is manifested by limitation of flexion to 30 degrees throughout the appeal period. Therefore, a rating of 40 percent is granted.

The Board has remanded the case for additional development, including obtaining outstanding service records and affording the appellant a VA examination. A video-conference hearing is also required.

The Veteran's claim for TDIU is being remanded due to the need for additional records and information. The case will be reviewed after all requested development has been completed.