Sleep apnea decisions — 2011

The Board has reopened the appellant's claim for service connection for sleep apnea and finds that it is as likely as not related to his military service. The claim is granted.

The Veteran's sick sinus syndrome is found to be caused by his service-connected obstructive sleep apnea. The right knee degenerative joint disease status post total knee arthroplasty has been granted a 60% evaluation since May 1, 2007.

The Veteran's appeal for restoration of a 40 percent disability rating and increased ratings for his lumbosacral spine disability were denied. The RO reduced the prior 40 percent rating to 10 percent effective January 1, 2007.

The Veteran's service-connected obstructive sleep apnea with fatigue has been rated at 50 percent since January 27, 2005. The evidence does not meet the criteria for a higher rating as there is no indication of chronic respiratory failure or tracheostomy.

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

The Board has granted service connection for a lumbosacral spine disability and a bilateral hip disability. The case is now remanded to readjudicate the Veteran's claim for TDIU.

The Board has determined that a remand is necessary to obtain additional medical opinions regarding the Veteran's sleep apnea and its relationship to his service-connected disabilities, particularly PTSD. The case will be returned for further action.

The Veteran's lumbar strain disability is currently rated at 10 percent, and the Board finds that it does not meet the criteria for a higher rating based on current evidence.

The Board has remanded the case for a new VA examination to assess the current severity of the Veteran's service-connected lumbosacral strain, and for consideration of whether a higher rating is warranted.

The Veteran's multilevel degenerative disc disease of the lumbosacral spine is rated at 40 percent, effective from the date of this decision.

The Veteran's service-connected chronic lumbosacral strain with degenerative changes and L4-L5 HNP status post discectomy is currently rated at 20 percent, which adequately reflects the severity of his disability.

The Board denied the Veteran's claims for service connection for various conditions, including a pulmonary disability (including obstructive sleep apnea) and bilateral hearing loss. The decision also noted that the Veteran did not have diabetes mellitus or hypertension attributable to military service.

The Veteran's lumbosacral spine disc disease is rated at 20 percent, effective August 20, 2007. The Board has granted a rating of 20 percent for the Veteran's service-connected disability.

The Veteran does not have an acquired psychiatric disorder or a sleep disorder that is service-connected. The VA examinations and medical records do not provide clear diagnoses of these conditions.

The Board has dismissed the appeal seeking service connection for obstructive sleep apnea. The claims to reopen for multiple myeloma, residuals of a left heel fracture, and bilateral hearing loss have been denied as new and material evidence was not received.

The Board has determined that the Veteran's obstructive sleep apnea, gastroesophageal reflux disease (GERD) with hiatal hernia, and chronic sinusitis were incurred during service.

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing at his correct address of record. The issues are whether he should receive increased ratings for lumbosacral strain and right knee patellofemoral syndrome.

The Veteran's BPH is not service-connected as it was not incurred or aggravated by his military service and there is no competent medical evidence linking it to his service-connected leiomyosarcoma of the stomach, status post partial gastrectomy. His ED is secondary to his Type II Diabetes Mellitus but he does not have a separate compensable rating for his diabetic hypertension. The Veteran's tinea versicolor prior to August 13, 2008, and since then, do not warrant higher ratings.

The Veteran's appeal was withdrawn for the issues of increased rating for sleep apnea and service connection for sinusitis. The right knee disability, GERD, PTSD, left hip disability, fatigue, and orthopedic foot disorder claims were denied.

The Board has remanded the case for additional development, including obtaining updated treatment records and scheduling a VA examination to determine if the Veteran's current sleep apnea is related to service or his service-connected diabetes mellitus.