Sleep apnea decisions — 2011

The Veteran is seeking service connection for lumbosacral strain, which she contends was caused or aggravated by her service-connected left foot disabilities. The Board has determined that a VA examination is needed to address the relationship between her low back disability and her service-connected left foot disabilities.

The Veteran's appeal is being remanded for a travel board hearing at the RO in Atlanta, Georgia.

The Veteran's service connection claim for degenerative joint disease of the left hip is granted. The Veteran's lumbosacral strain with spondylosis deformans is rated at 20 percent, which is the maximum schedular rating available.

The Veteran's claim for an increased rating for his service-connected right knee disability was granted, and he is now rated at 30 percent. The issue of TDIU prior to October 9, 2003, was also granted.

The Veteran's sleep apnea is established as service-connected, and he is granted a rating of 30 percent prior to April 1, 2009, and 50 percent thereafter.,PTSD has been rated at 70 percent since the effective date of the grant of service connection. The Veteran's PTSD symptoms include suicidal ideation, obsessional rituals, near-continuous panic or depression affecting his ability to function, and difficulty with maintaining social relationships.

The Veteran is granted a 10 percent disability rating for his service-connected scars of the head and body, residuals of left ankle fractures, and residuals of left inferior and superior pubic rami fractures. The lumbosacral strain has not been rated higher.

The Board denied the Veteran's claims for service connection for left ear hearing loss, sleep apnea, and sinus disorder. The claim for secondary service connection for right elbow and forearm disorder related to a service-connected fracture of the right 5th finger was also denied.

The Veteran's claim for an increased evaluation for his lumbosacral strain with traumatic arthritis was granted, but the criteria for a higher rating are not met. The effective date of the total disability rating based on individual unemployability is set at July 19, 2006.

The Board has remanded the case for additional development, including obtaining SSA records and arranging for VA examinations to determine the nature and etiology of any current sleep disorder and acquired psychiatric disorder.

The Veteran's sleep apnea is not considered to be related to his military service, and the claim for service connection is denied.

The Board has determined that the Veteran's low back disorder is related to his in-service injury and granted service connection for osteoarthritis of the lumbosacral spine with soft-tissue damage.

The Board found that there is no evidence to support a connection between the Veteran's current low back disability and his military service, thus denying his claim for service connection.

The Veteran's appeal regarding an increased rating for lumbosacral strain was withdrawn. The bilateral pes planus issue resulted in a finding of entitlement to a 30 percent evaluation, but not higher. The effective date for service connection of the left ankle disability was determined to be October 8, 1996.

The Board found that the Veteran's left knee and right hip conditions are not secondary to his service-connected right knee condition, and thus denied these claims. The issue of service connection for degenerative disc disease of the lumbosacral spine was remanded.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for a medical examination and opinion.

The Veteran's hypertension, hemorrhoids, and hiatal hernia were granted service connection with initial noncompensable ratings. The Veteran's sleep apnea claim was denied.

The Veteran's service-connected disabilities, by themselves, do not render him unemployable. His combined disability rating is 70 percent.

The Board found no evidence of a low back condition during service and denied the Veteran's claim for service connection.

The Veteran's lumbosacral strain was initially rated at 10 percent prior to April 22, 2009 and increased to 20 percent thereafter. The current rating of 20 percent is granted.

The Board denied the Veteran's claims for service connection due to lack of new and material evidence, as well as failure to establish a causal relationship between his claimed conditions and active service.