Sleep apnea decisions — 2012

The Veteran's claim for restoration of a 40 percent rating for his service-connected degenerative joint disease, lumbosacral spine, with lumbar strain, from July 1, 2011 is being remanded due to the need for a Travel Board hearing.

The Board found that the Veteran's hernia, sinusitis, and sleep apnea are related to service. The Veteran was granted service connection for these conditions.

The Veteran's bradycardia has been rated based on the workload of 13 METs prior to May 6, 2009 and 8 METs from that date. The right knee condition is currently rated as 10 percent disabling before May 2011 and 40 percent thereafter.,The Veteran's chondromalacia patellofemoral pain syndrome (right knee) has been rated at 10 percent since the initial rating decision in March 2002. The lumbosacral strain with degenerative joint disease is currently rated as 10 percent before May 2011 and 40 percent thereafter.,The Veteran's hypertension was previously managed with medication, and diastolic pressure predominantly 110 or more or systolic pressure predominantly 200 or more. The hiatal hernia with esophageal reflux is currently rated as 10 percent before May 2011 and 30 percent thereafter.,The Veteran's anal fissure has not been shown to be present, thus no rating can be assigned for this condition.,New evidence submitted includes medical records that suggest the headaches may have a neurological cause rather than being secondary to gastroenteritis. The left knee disability is related to service due to its onset during active duty.,The Veteran's sleep apnea and depression or other psychiatric disorder are both considered secondary to hypertension and pain from service-connected disabilities.

The Veteran's obstructive sleep apnea was rated at 30% from February 5, 2009, to November 30, 2009. Beginning December 1, 2009, the rating was increased to 50%. The Board found that the Veteran met the criteria for a higher initial rating based on his persistent daytime hypersomnolence.

The Veteran's low back disability is rated at 50 percent since July 31, 2012. He also receives a separate 10 percent rating for right lower extremity radiculopathy. The Board granted TDIU based on his service-connected disabilities.

The Veteran's appeal is being remanded for scheduling a video conference hearing before a Board Member at his local RO in Nashville, Tennessee.

The Veteran's application for increased ratings for lumbosacral strain was denied, and the claim of service connection for lumbar disc bulge of L5-S1 and spinal stenosis remains in controversy.

The Veteran's claim for TDIU benefits was denied, and the Board has ordered remand to obtain additional evidence and consider his educational and occupational history.

The Veteran's cervical spine disability is presumed to have manifested during service, and his lumbosacral strain with degenerative joint disease and spondylosis has been granted a 40 percent evaluation.

The Veteran's appeal is remanded due to the need for additional medical opinions regarding his claims of service connection for sleep apnea and hypertension. The VA examiner will be asked to provide an opinion on whether these conditions are related to service or service-connected PTSD.

The Veteran's claims for service connection of COPD, an initial evaluation higher than 30 percent disabling for sleep apnea, and a rating in excess of 40 percent for retrolisthesis of L5-S1 with chronic low back pain since June 1, 2007 have all been denied. The Veteran is advised that he must file a timely substantive appeal to perfect his appeals on these issues.

The Board denied increased ratings for major depressive disorder and dysthymia, chronic low back pain secondary to lumbosacral strain, and left knee patellar tendonitis and patellofemoral stress syndrome. The Veteran's claim of entitlement to a total disability rating based on individual unemployability is pending.

The Veteran's claim for service connection for bilateral hearing loss disability is denied as there is no current evidence of a hearing loss disability meeting VA compensation criteria. The claims for pulmonary and sleep apnea disabilities are remanded.

The Veteran's appeal is being remanded due to inconsistencies in his employment history and the need for additional development, including a VA examination to determine if he is unemployable due to service-connected disabilities.

The Board denied the Veteran's claim of service connection for lumbosacral strain, finding that his current lumbar spine disorder did not manifest in or was not caused by any incident during service.

The Veteran's claims for increased ratings and TDIU were denied. The left knee condition is rated at 10 percent, while the lumbosacral spine disability was rated as 20 percent from July 15, 2008 to January 7, 2011.

The Board finds that the Veteran's sleep apnea is due to disease or injury incurred in active service, and grants service connection for this condition.

The Veteran's appeal is remanded due to the need for a more contemporaneous examination of his service-connected lumbosacral strain with postoperative stenosis, and to obtain information regarding possible physicians who may have prescribed bed rest for IVDS.

The Board finds that the preponderance of the evidence is against the Veteran's claim for service connection for rosacea, as there is no competent medical evidence showing a diagnosis or treatment of this condition during active duty or within one year thereafter.

The Veteran's service-connected disabilities do not render him unable to obtain and retain substantially gainful employment.