Sleep apnea decisions — 2011

The Veteran's service-connected PTSD is currently rated at 30 percent, effective September 2007. The VA has determined that the current level of impairment does not warrant a higher evaluation.

The Veteran's claim for an increased rating for his lumbosacral strain is being remanded due to the need to obtain additional private treatment records from Monmouth Medical Center Clinic.

The Veteran's bronchial asthma and sleep apnea are currently rated at 50 percent, which is the maximum schedular rating available. The Board finds that a higher rating is not warranted based on the evidence of record.

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

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU, but further examination is needed to determine if he is unemployable due to his service-connected conditions.

The Veteran's lumbosacral strain is currently rated at 60 percent, the maximum schedular rating available under Diagnostic Code 5243 for degenerative changes. The claim for a higher disability rating has been denied.

The Board found that the Veteran's current sleep apnea and restrictive lung disease did not have its onset during service, nor are they related to any in-service injury or disease. The Board concluded that these conditions were not incurred in or aggravated by active service.

The Board found that the Veteran's lumbar spine disability, manifested by limitation of motion and pain, warrants a 20 percent evaluation.

The Veteran's claim for service connection for facet arthralgia of the lumbosacral spine is being remanded due to a scheduling issue with his Travel Board hearing.

The Board has determined that further examination and medical opinion are needed to resolve the claim for service connection for sleep apnea due to the Veteran's assertions of symptoms during service, post-service findings, and continuity of symptomatology.

The Board has denied service connection for the claimed conditions of coronary artery disease, hypertension, prostate cancer, erectile dysfunction, sleep apnea and high cholesterol. The Veteran's claim for bilateral varicose veins is pending.

The Board has denied the Veteran's claims for service connection for various conditions, including leishmaniasis, fatigue, memory loss, night sweats, bleeding gums, lung/respiratory problems, skin rash, sinusitis, sleep apnea, diverticulosis coli with diarrhea, joint pain to the low back and lower extremities, heart problems, psychiatric pain disorder, headaches, and bilateral eye disorder. The effective date for service connection of PTSD remains October 5, 1994.

The Board has remanded the case due to the need for additional development, including obtaining service personnel records and a VA compensation and pension opinion based on new evidence.

The Veteran's claims for service connection for headaches and sleep apnea are being remanded due to the need for additional development, including VA examinations.

The Veteran's sleep apnea was initially rated as 30 percent disabling prior to February 10, 2006 and increased to 50 percent effective February 10, 2006. The rating is based on the use of a CPAP machine.

The Board has determined that the appellant's respiratory disabilities other than pleurisy, including bronchitis, pneumonia, COPD, asthma, tuberculosis in remission and sleep apnea are causally related to his active service. The left ear hearing loss is not compensable.

The Board found that the reduction of the 40 percent rating for the service-connected lumbosacral strain from August 1, 2006 to 20 percent was improper due to inadequate examinations and lack of review of recent treatment records.

The Veteran's current diagnosis of sleep apnea is related to his active service, and the Board finds that he is entitled to service connection for this condition.

The Veteran's lumbosacral strain with degenerative disc disease and limitation of motion is rated at 40 percent, which is the maximum schedular rating available. The right and left knee disabilities are each rated at 10 percent for arthritis and limitation of motion.

The Veteran's claims for increased ratings and TDIU were denied. The left knee disability, right knee arthritis, and lumbosacral strain with spondylosis at L5-S1 are not rated higher than the current 20 percent, 10 percent, and 20 percent respectively.