Sleep apnea decisions — 2011

The Board has granted service connection for degenerative joint disease of the cervical spine and disc disease of the lumbosacral spine, as well as radiculopathy of the right upper extremity.

The Veteran's adjustment disorder with depression was rated at 50 percent prior to November 18, 2008 and from that date onwards. The rating for lumbosacral strain remains unchanged.

The Board has determined that additional evidence is needed to fully and correctly decide the Veteran's claims, including service connection for PTSD. The case is therefore being remanded for further development.

The Veteran's skin rashes of the chest, neck, bilateral elbows, and bilateral shins are not service-connected.,For his left knee disability, he is currently rated at 10 percent for limitation of flexion to 90 degrees and extension to 0 degrees. The higher rating of 20 percent is denied as there is no evidence of ankylosis or instability.,His obstructive sleep apnea is currently rated at 50 percent, which requires the use of a breathing assistance device (CPAP machine). A higher rating of 100 percent for chronic respiratory failure with carbon dioxide retention or cor pulmonale and requiring tracheostomy is denied.

The Board denied service connection for hypogonadism and obstructive sleep apnea, both claimed as due to herbicide exposure. The Veteran's STRs showed no current or chronic respiratory issues during service.

The Board has remanded the case due to the need for additional VA treatment records, particularly from the Hampton VAMC Sleep Lab.

The Board found that the Veteran's back condition, including lumbosacral strain and mild scoliosis, was not incurred in or aggravated by service. The VA examiner opined that there is no probative evidence showing a relationship between the Veteran's current back condition and his active service.

The Board has remanded the case due to the need for a medical opinion regarding the etiology of the Veteran's low back disability and whether it is proximately due to or aggravated by his service-connected right knee disability.

The Board has dismissed the appeals for carpal tunnel syndrome, diabetes mellitus, glaucoma and cataracts, high cholesterol, and hypertension. The remaining issues of service connection for asbestosis, COPD, spurring of cervical and lumbar spine (back disorder), sleep apnea, tonsil disorder, bilateral knee arthritis with total knee replacement, right foot Achilles tendon (right foot disorder), and left foot disorder are addressed below.

The Veteran's claims for increased ratings for right ankle and lumbosacral spine disabilities were denied. The VA examinations did not support higher ratings based on the severity of his symptoms.

The Board has determined that new and material evidence has not been submitted to reopen the claim of entitlement to service connection for a lumbosacral strain, resulting in a denial.

The Board has granted service connection for right knee anterior cruciate ligament and medial and lateral meniscus tears, chondromalacia, and arthritis; lumbosacral strain/strain and disc protrusion; and paranoid schizophrenia.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's current back disability is related to active service, and thus grants the claim for service connection.

The Veteran's claim for an increased rating greater than 40 percent for his lumbosacral spine disability, including spondylolisthesis L5-S1 and disc bulging at L3-L4 and L4-L5, was denied. The Board found that the current evidence did not meet the criteria for a higher rating.

The Veteran seeks service connection for a sleep disorder, including sleep apnea. The case is being remanded to obtain an opinion on whether the current sleep disorder is related to his military service.

The Veteran's claim of service connection for degenerative disease of the lumbosacrum was previously denied, and new evidence does not reopen this claim. The Veteran is also not entitled to SMC based on need for regular aid and attendance or housebound status as he has no current service-connected disabilities.

The Board denied the Veteran's claims for service connection for tinnitus, sleep apnea, and erectile dysfunction (secondary to PTSD). The decision found that there was no direct evidence linking these conditions to his military service.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea syndrome, finding that there was no evidence to support a link between his current condition and his military service.

The Board found no diagnosis of sleep apnea and denied the Veteran's claim for service connection.

The Board has determined that the Veteran's current sleep apnea is incurred in service, as it can be reasonably disassociated with his active duty service.