Sleep apnea decisions — 2011

The Board finds that the Veteran does not have current disabilities of headache disorder, gastroesophageal reflux disorder (GERD), sleep apnea, or a low back disorder that are related to his active duty service. The preponderance of evidence is against these claims.

The Veteran's request for an increased evaluation for his right knee disability is granted.,A separate evaluation for the scar associated with his right knee disability is denied.,An evaluation in excess of 50 percent for PTSD from October 13, 2007 is granted.,An evaluation in excess of 70 percent for PTSD from June 12, 2008 is granted.,The Veteran's claim for a compensable evaluation for his bilateral hearing loss is denied.,Service connection for the Veteran's bleeding ulcer is granted as secondary to service-connected PTSD.,Service connection for sleep apnea with CPAP is granted as secondary to service-connected PTSD.,Service connection for psoriasis is granted as secondary to service-connected PTSD.,Service connection for erectile dysfunction is granted as secondary to service-connected PTSD.,The Veteran's heart disorder, presumed due to herbicide exposure, is granted.

The Board finds that the Veteran's service-connected disabilities, including major depressive disorder with alcohol abuse, below the knee amputation of the left leg, degenerative joint disease of the lumbosacral spine, and left hip tendonitis, have rendered him unemployable. The vocational goal of becoming a lawyer has been identified as feasible given his educational background and skills.

The Veteran's abdominal scar as a postoperative residual of lumbosacral surgery is not painful, deep, or unstable. It does not cover an area exceeding 6 square inches and therefore does not meet the criteria for a compensable rating under any applicable VA rating code.

The Veteran's appeal is being remanded due to the need for issuance of a Statement of the Case on issues related to service connection and rating for sleep apnea, sinus problems, and fractures of the left metatarsals.

The Board found that the Veteran's right knee and lower back disorders are not related to his service-connected left knee osteoarthritis, status post medial meniscectomy. The preponderance of evidence does not support a finding of direct service connection for these conditions.

The Board has ordered a remand to obtain an opinion regarding whether the Veteran's service-connected PTSD caused or aggravated his obstructive sleep apnea, and if it is related to military activity. The case will be returned for further adjudication.

The Veteran is seeking service connection for sleep apnea, which he claims is secondary to his service-connected PTSD. He also seeks a TDIU prior to May 19, 2009. The case is being remanded due to the need for further examination and analysis.

The Veteran's sleep apnea with restrictive lung disease is rated at 60 percent, the highest available rating under Diagnostic Code 6602 for bronchial asthma.

The Board has ordered additional development to obtain private medical records and VA treatment records, as well as any work-related medical records. The appellant's current back disorder is being evaluated for its relation to service or an incident of service.

The Board has determined that the evidence satisfactorily establishes that the Veteran's current tinnitus is related to active service and grants service connection for tinnitus.

The Board has determined that the Veteran does not have a right hand disability, right shoulder disability, or sleep apnea that is related to service. The claims for these conditions are therefore denied.

The Veteran's claim for an increased evaluation for his lumbosacral strain with degenerative intervertebral disc disease and spinal stenosis of the lumbar spine is being remanded due to a need for additional development, including a VA examination.

The Veteran's claim for an increased rating for lumbosacral DDD and DJD is granted, with a current disability rating of 20 percent. The claim for TDIU due to service-connected disabilities is also granted.

The Board has granted service connection for sleep apnea, finding that it is at least as likely as not caused by the Veteran's service-connected diabetes.

The Veteran's lumbosacral strain with degenerative joint and disc disease has not met the criteria for a rating in excess of 10 percent, as her symptoms do not warrant such an increase.

The Veteran's service-connected DJD and DDD with lumbosacral strain and myositis is currently rated at 20 percent, but the Board found that a higher rating was not warranted based on the evidence of record.

The VA compensation and pension (C&P) examiner concluded that the Veteran's current low back pain and symptoms are not due to his service, but rather a result of normal wear and tear on his back given his age.

The Veteran's sleep apnea was not incurred in or aggravated by service and is not shown to be proximately due to, the result of, or aggravated by his service-connected restrictive airway disease. The Board finds no action required for a rating increase as there is insufficient evidence to determine if the current level of disability warrants an increased rating.

The Board found that the Veteran's lumbar spine disability did not meet or approximate criteria for a higher evaluation, and thus denied his claim for an increased rating.