Sleep apnea decisions — 2012

The Board has reopened the Veteran's claim and granted service connection for a right knee disability, obstructive sleep apnea, and PTSD. The right knee disability is related to INACDUTRA service in 1993-1995. Obstructive sleep apnea had its onset during active duty service. PTSD results in occupational and social impairment with reduced reliability and productivity.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and VA treatment records. He will also be scheduled for a VA psychiatric examination to assess his PTSD and a VA audiological examination to evaluate his bilateral hearing loss.

The Board finds that the Veteran's respiratory condition, including allergic rhinitis and sleep apnea, was not incurred in or aggravated by military service.

The VA medical opinions determined that the Veteran's cause of death (adult respiratory distress syndrome due to pneumonia) was not related to his active duty service. The examiner also noted that obesity, which preexisted service and did not worsen during service, was less likely than not etiologically related to the Veteran's active duty service. Sleep apnea, diagnosed after separation from service, could not be determined to have been caused by service without resorting to speculation.

The Veteran died from cardiopulmonary arrest and squamous cell carcinoma with metastatic disease. The appellant is seeking service connection for the cause of death and DIC benefits, but has not been provided proper VCAA notice regarding previously service-connected disabilities.

The Board has determined that new and material evidence has been received to reopen the claims of service connection for a low back disorder, PTSD, right knee disorder, left knee disorder, splenectomy, and posttraumatic stress disorder (PTSD). The Veteran withdrew his appeal regarding the claims of service connection for bilateral leg disorders, anxiety disorder, sleep apnea, and hypertension. Further development is required for resolution of the underlying service connection claims.

The Veteran's obstructive sleep apnea was found to have onset in service and is therefore considered incurred in service, granting the claim for service connection.

The Veteran's appeal is being remanded to the RO for a Travel Board hearing at the RO. The issues include service connection claims and rating disputes.

The Board has determined that the Veteran's dermatofibrosarcoma protuberans, status post excision, is due to his service in the military and was exposed to herbicides during active duty. As such, presumptive service connection is granted.

The Veteran's claims for increased ratings and TDIU were denied. Service connection was granted for some conditions, but no new or material evidence was presented to reopen other service-connected claims.

The Board has remanded the case for further development and examination, including obtaining a medical opinion on the etiology of the Veteran's sleep apnea, vertigo, and erectile dysfunction. The RO must also send VCAA notice to inform the Veteran of the information and evidence necessary for entitlement to service connection for sleep apnea under a secondary theory of entitlement.

The Veteran's TDIU claim is being remanded for further development, including scheduling a VA examination and clarifying the Veteran's desire to continue his appeal.

The Veteran's lumbosacral disc disease is currently rated at 10 percent, but does not meet the criteria for a higher rating based on limitation of motion or other factors.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities was denied as his combined rating is 60 percent, which does not meet the schedular requirements for TDIU.

The Veteran's lumbosacral strain with root compression due to spondylolisthesis is rated at 20 percent prior to April 1, 2009 and at 40 percent from that date. The right lower extremity radiculopathy is rated at 20 percent since August 17, 2011. The left lower extremity radiculopathy is rated at 10 percent since August 15, 2007.

The Board has determined that the Veteran's IBS and lumbosacral strain are etiologically related to his active service, granting service connection for both conditions.

The Veteran's appeals for increased evaluations for lumbosacral disc disease, sinusitis with sinus headaches, left epicondylitis, and a CABG surgical scar of the presternum and upper abdomen were denied. The criteria for higher ratings under VA rating schedules did not meet the requirements.

The Veteran's claims for increased evaluations of PTSD and right ankle strain were denied. The Board found that the current ratings adequately reflected the severity of his disorders.

The Veteran's PTSD and low back disability have been rated, with a TDIU granted. The effective date for the higher rating of PTSD remains pending.

The Veteran's lumbosacral spine disability was granted a rating of 10 percent prior to April 25, 2003 and 20 percent as of August 20, 2005. The right shoulder contusion was also granted a compensable rating.