Sleep apnea decisions — 2011

The Veteran's lumbosacral strain with degenerative changes at L4-L5 and L5-S1 has been rated as 20 percent disabling since March 9, 1998. The rating was increased to 40 percent from April 25, 2005 to August 11, 2005.

The Veteran's right knee strain was characterized by flexion to at least 130 degrees and extension to 0 degrees, without lateral instability or recurrent subluxation prior to October 18, 2005. From October 19, 2005, the Veteran's right knee strain resulted in forward flexion limited to 110 degrees with mild neurological impairment.,The Veteran's lumbosacral strain was characterized by a full range of motion and no more than slight subjective symptoms prior to September 23, 2002. From September 23, 2002, to September 25, 2003, the Veteran's lumbosacral strain resulted in forward flexion limited to 90 degrees with mild spasm and pain.,The Veteran's degenerative joint disease of the right hip was characterized by flexion to 125 degrees and abduction to 45 degrees prior to September 9, 2003. From September 10, 2003, to October 18, 2005, the Veteran's degenerative joint disease of the right hip resulted in flexion limited to 75 degrees without ankylosis or flail joint.

The Board denied the Veteran's claims for service connection for sleep apnea, musculoskeletal pain due to undiagnosed illness, and numbness of outer legs. The evidence did not support a finding that these conditions were incurred or aggravated by service.

The Veteran's nonservice-connected disabilities do not meet the criteria for special monthly pension based on need for regular aid and attendance or by reason of being housebound.

The Veteran was granted service connection for residuals of dermatofibrosarcoma based on a liberalizing law allowing presumptive service connection due to herbicide exposure in Vietnam. The effective date is set at one year prior to the date of receipt of his claim to reopen, which was February 6, 2007.

The Board has reopened the claim for service connection of a lumbosacral strain disability and finds that it was aggravated by active duty service. The Veteran's current low back condition is related to his in-service duties.

The Board denied the Veteran's claim for service connection for sleep apnea, finding that his current disorder did not manifest during or as a result of his military service.

The Veteran's appeal is being remanded for further development, including scheduling a hearing and considering the new evidence submitted since previous statements of the case.

The Veteran is found to be totally and permanently disabled as a result of nonservice-connected disabilities, including benign prostate hypertrophy, right knee osteoarthritis, left knee osteoarthritis, hypertension, and back condition (lumbosacral spine), when considered with his age, educational level, and prior work history. Therefore, he is entitled to nonservice-connected pension benefits.

The Veteran's thoracolumbar spine disability is rated at 10 percent, and the Board finds no basis to grant a higher rating based on current evidence of record. The Veteran does not meet the criteria for a separate rating for left sciatic radiculopathy or nocturia (urinary frequency). Right knee and left knee disorders are not service-connected. Bilateral carpal tunnel syndrome is also not service-connected.

The Veteran's sleep apnea and post-traumatic degenerative joint disease of the left knee are both found to be related to service, granting service connection for these conditions.

The Veteran has been granted service connection for left knee patellofemoral pain syndrome, right hip trochanteric bursitis, obstructive sleep apnea, and migraine headaches on a direct basis. The claims of service connection for these conditions are all considered to be the result of injury or disease incurred in active military service.

The Veteran is found to be unemployable due to his service-connected disabilities, and a total rating based on individual unemployability is granted.

The Veteran's lumbosacral muscular strain is currently evaluated at a 20 percent rating due to forward flexion limited between 50 and 65 degrees, which does not meet the criteria for higher ratings based on limitation of motion or unfavorable ankylosis.

The Veteran's claims for increased evaluations for his service-connected lumbosacral strain were denied by the Board. Prior to October 1, 2010, he was not entitled to a rating in excess of 10 percent. Since October 1, 2010, he is not entitled to a rating in excess of 20 percent.

The Board found that the service-connected disabilities did not substantially or materially contribute to the Veteran's death, which was caused by a spinal cord stroke.

The Veteran's current obstructive sleep apnea syndrome is found to have originated during his military service, and the Board grants service connection for this condition.

The Board found that the Veteran's obstructive sleep apnea may be related to his service, resolving all reasonable doubt in favor of the claimant.

The Veteran's claims for increased disability ratings for lumbosacral strain and left ear hearing loss were denied by the Board, as both conditions do not warrant a higher rating based on current medical evidence.

The Veteran's appeal was not timely filed, and her claims of service connection for sleep apnea, herniated disc, and asthma were denied in the April 2008 rating decision.