Sleep apnea decisions — 2011

The Veteran's low back disability is rated as 10 percent disabling, his right and left knee disabilities are each rated as 10 percent disabling, and his left ankle disability prior to August 6, 2010, was also rated as 10 percent disabling. After that date, the disability was rated as noncompensable.

The Veteran's death is not service-connected due to lack of legal merit, as he did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318.

The Veteran's post-operative residuals of a laminectomy with radiculopathy of the lumbosacral spine have resulted in some, but not total, range of motion loss and no incapacitating episodes in the past 12 months. The Board finds that her disability does not warrant a rating higher than 40 percent.

The Board has determined that the Veteran's sleep apnea and residuals of head trauma were not incurred or aggravated during active duty service, and therefore denied these claims.

The Veteran's claim for increased evaluations for his lumbosacral spondylosis and scoliosis was denied. Prior to May 3, 2004, the evaluation remained at 10 percent; since then, it has been rated as 20 percent.

The Veteran's claim for a higher rating for his service-connected back disability was denied. The RO had already increased the rating to 10 percent in May 1997 and changed it to 20 percent in March 1998, based on Diagnostic Codes 5293 (IVDS).

The Veteran's claims for increased ratings and service connection were denied. The claim of entitlement to an earlier effective date based on clear and unmistakable error (CUE) was dismissed.

The Veteran's claim for an initial rating in excess of 50 percent for obstructive sleep apnea is denied. The next higher 100 percent rating under DC 6847 is not warranted due to the absence of chronic respiratory failure with carbon dioxide retention or cor polmonale, or symptoms requiring a tracheostomy.

The Board finds that the Veteran's non-ischemic heart disease, bilateral knee and hip arthritis, bilateral shoulder arthritis, and lumbosacral spine arthritis are not related to his active service or presumed in-service herbicide exposure. As a result, these claims for service connection are denied.

The Veteran's skin disability, manifested by rosacea and cysts to the head, face, and back, is found to be service-connected. The Veteran's PTSD is currently rated at 30 percent.

The Veteran's claims for service connection for sleep apnea, hypertension, and coronary artery disease are being remanded due to the need for additional development.

The Board has denied the Veteran's claims for service connection for anxiety disorder, autoimmune disability, sleep apnea disability, and heart disability. The evidence does not support a finding of current diagnoses or a relationship to service.

The Veteran's low back disorder and headaches have been granted increased ratings, with the low back disorder receiving a 40 percent rating effective December 10, 2009. The headaches received a 10 percent rating prior to September 24, 2009, and a 30 percent rating from that date.

The Veteran's obstructive sleep apnea has been rated at 30 percent since June 7, 2005 (the date of service connection), and increased to 50 percent effective January 4, 2010.,A higher rating is not warranted as the Veteran's condition does not meet or approximate criteria for a 100 percent rating.

The Veteran's service-connected lumbosacral strain with degenerative joint disease and degenerative disc disease is currently evaluated at 40 percent, which does not meet the criteria for an increased evaluation as it does not demonstrate unfavorable ankylosis of the entire spine or thoracolumbar spine, nor does it show incapacitating episodes totaling at least 6 weeks in the past 12 months.

The Veteran's claims for service connection of various disabilities are being remanded due to the need to verify his periods of active duty and inactive duty training, as well as to schedule VA examinations for bilateral hearing loss and carpal tunnel syndrome.

The Veteran's lumbosacral strain with degenerative arthritis and degenerative disc disease was rated at 20 percent prior to November 14, 2003. From that date forward, the criteria for a higher evaluation were not met. The ratings for radiculopathy of the left and right lower extremities did not meet the criteria for an initial rating greater than 10 percent.

The Board has remanded the case due to insufficient medical evidence regarding whether the Veteran's service-connected PTSD with anxiety and lumbosacral spine disabilities leave him in need of assistance or result in his being housebound. The claim will be returned for further action.

The Veteran's mild obstructive sleep apnea was not present during his periods of service and is not shown to be causally or etiologically related to his service-connected herniated disc of the cervical spine.

The Veteran's appeal is being remanded to obtain updated treatment records and for VA examinations to assess the severity of his service-connected spondylolisthesis, degenerative disk disease of the lumbosacral spine, and left lower extremity radiculopathy.