Sleep apnea decisions — 2012

The Veteran's lumbosacral strain with degenerative joint disease is currently rated at 20 percent, and the Board has determined that this rating is appropriate under both the old and new criteria. For coronary artery and hypertensive heart disease, a 30 percent evaluation was granted from September 30, 2003 to February 21, 2012, and a 60 percent evaluation was granted thereafter. The Veteran's diabetes mellitus type II is rated at 20 percent since May 8, 2001. Bilateral non-proliferative diabetic retinopathy has not been service-connected. Peripheral neuropathy of the right and left lower extremities, as well as peripheral neuropathy of the right and left upper extremities, have all been rated at 20 percent since May 8, 2001. Erectile dysfunction is also rated at 20 percent.

The Veteran's service-connected lumbosacral strain with degenerative changes is currently rated at 40 percent, and a separate evaluation for left lower extremity sciatica has been granted.

The Veteran seeks service connection for obstructive sleep apnea, which he claims began during his military service. The Board finds that a remand is necessary to determine if the current diagnosis of obstructive sleep apnea is the same as the one diagnosed in November 1998 and whether it is at least as likely as not related to his military service.

The Veteran's lumbosacral spine disability is rated at 60 percent, but the claim for a higher rating remains denied.,The Veteran's cervical spine disability is rated at 20 percent, and the claim for a higher rating remains denied.,The Veteran's left knee disability is rated at 10 percent, and the claim for a higher rating remains denied.,The Veteran's right knee disability is rated at 10 percent, and the claim for a higher rating remains denied.,The Veteran's partial avulsion of right biceps muscle is not compensable, as it approximates slight limitation of function of Muscle Group V.,The Veteran's fungal infection of the bilateral feet is rated at 10 percent, but no more. The scars are painful on examination.,The Veteran's GERD is rated at 10 percent, and the claim for a higher rating remains denied.,The Veteran's migraine headaches are rated at 30 percent, and the claim for a higher rating remains denied.

The Veteran's service-connected disabilities, including degenerative arthritis of the right hip and left hip, as well as lumbosacral strain with very mild degenerative change, render him unable to secure or follow substantially gainful employment.

The VA determined that the appellant's sleep apnea did not have its inception during his active service and is not otherwise causally related to his active service or any incident therein.

The Board has granted service connection for right wrist carpal tunnel syndrome and assigned a rating of 30 percent for the right femoral osteoid osteoma, effective from December 1, 2007.

The Veteran's appeal for increased ratings and TDIU was dismissed as he withdrew his appeal seeking an initial rating in excess of 10 percent for mechanical low back syndrome with degenerative changes of the lumbosacral spine prior to June 27, 2011 and a rating greater than 40 percent from June 27, 2011.

The Veteran's service-connected disabilities, namely bilateral pes planus with plantar fasciitis and degenerative changes at the metatarsal joints; lumbosacral strain with degenerative joint and disc disease associated with bilateral pes planus with plantar fasciitis and degenerative changes at the metatarsal joints; and radiculopathy, right L 5 associated with lumbosacral strain with degenerative joint and disc disease have been of sufficient severity to produce unemployability throughout the appeal period.

The Veteran's PTSD does not meet the criteria for a higher rating than 30 percent, and his chronic lumbosacral fibromyositis claim requires further development. The hypertension secondary to PTSD claim is also remanded.

The Board has granted secondary service connection for a sleep apnea disorder, finding that it is at least as likely as not caused by the Veteran's service-connected deviated left nasal septum with allergic rhinitis. The initial rating claim for the deviated nasal septum disability remains denied.

The Veteran's appeal is being remanded due to a scheduling issue for a hearing before the Board at the appropriate Regional Office.

The Veteran's service-connected disabilities have rendered him unemployable, and the Board grants a TDIU rating.

The Board found that the evidence does not support service connection for obstructive sleep apnea, as there is no direct evidence linking it to military service or a service-connected condition. The Veteran's current diagnosis of sleep apnea was determined to be unrelated to his traumatic brain injury and likely due to his weight gain.

The Board has denied the Veteran's claims for service connection for PTSD, depressive disorder, and bilateral hearing loss. The claim for an increased rating for lumbosacral strain remains pending.

The Board has decided to remand the Veteran's claims for additional development due to incomplete records and need for further medical examinations.

The Board has determined that additional development is necessary to decide the Veteran's claims for service connection and total disability based on individual unemployability.

The Board denied the Veteran's claims to reopen his service connection for various knee disabilities, cervical spine fusion, and lumbosacral spine degenerative disc disease. The evidence submitted did not relate to the basis for the prior denial of these claims.

The Veteran is entitled to a total disability rating for compensation purposes based on individual unemployability prior to April 28, 2010 due to service-connected disabilities preventing him from obtaining or retaining substantial gainful employment.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and scheduling a new examination for his PTSD. The TDIU claim is also being considered as part of the higher rating claims.