Sleep apnea decisions — 2011

The Board has determined that the Veteran's obstructive sleep apnea is related to his active service and grants service connection for this condition.

The Veteran's lumbosacral strain has been rated at 20 percent since October 16, 2004. The rating was increased to 40 percent effective June 21, 2006.

The Board has remanded the Veteran's claims for service connection for degenerative disc disease of the cervical and lumbosacral spine, to include as due to an undiagnosed illness. The case is now pending with the RO for further development.

The Veteran's service-connected disabilities, including PTSD and hearing loss, have rendered him unable to obtain or retain employment consistent with his abilities, aptitudes, and interests. The Board has granted vocational rehabilitation benefits for a law degree.

The Veteran's claim for a compensable rating for lumbosacral strain was granted, and an initial disability rating higher than 10 percent was granted effective February 29, 2008. A higher disability rating of 20 percent was granted effective December 28, 2009.

The Veteran's claims for service connection for diabetes mellitus, type 2 and increased ratings for lumbosacral strain and left lower extremity radiculopathy associated with lumbosacral strain were denied. The Board found no evidence linking the current conditions to his military service.

The Veteran's current sleep apnea disability is found to be etiologically related to his active duty service, and the claim for service connection is granted.

The Veteran's service-connected disability due to the loss of use of both lower extremities has been found permanent and total, meeting the criteria for specially adapted housing. However, as he is already eligible for specially adapted housing, his claim for a special home adaptation grant is moot.

The Veteran's service-connected disabilities, including major depression and multiple knee and back issues, render him unable to secure or follow a substantially gainful occupation.

The Veteran withdrew his appeals for both issues before the Board could make a decision.

The Veteran's obstructive sleep apnea is found to be causally related to his active duty service and the claim for service connection is granted.

The Board has determined that the Veteran's sleep apnea is related to his service and grants the claim for service connection.

The Veteran's claims for increased ratings for lumbosacral strain with degenerative disc disease and cervical strain were denied as the evidence did not show ankylosis or incapacitating episodes of intervertebral disc syndrome.

The Board has determined that the Veteran's obstructive sleep apnea began during his military service and is therefore granted as service-connected.

The Board denied service connection for the claimed conditions, including ED and sleep apnea, as they were not shown to be related to service or a service-connected disability.

The Board has determined that the Veteran's radiculopathy of the left lower extremity does not warrant a rating in excess of 10 percent, as his symptoms do not meet or approximate the criteria for a higher evaluation.

The Veteran's service-connected disabilities do not render him unemployable, as they are rated at 20% and 0%, respectively. The Board finds that the Veteran is not entitled to a TDIU.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no evidence linking his current condition to his period of active service or a service-connected disability.

The Veteran's low back disability is currently rated at 40 percent effective September 24, 2008. The left knee disability remains rated at 20 percent.

The Veteran's service-connected disabilities, including PTSD, are not of such severity as to preclude him from obtaining or retaining substantially gainful employment.