Sleep apnea decisions — 2012

The Veteran's claim for an evaluation in excess of 20 percent for lumbosacral strain, status post laminectomies was denied. The evidence did not show forward thoracolumbar flexion to less than 31 degrees or favorable ankylosis.

The Board has determined that the Veteran's claims for service connection must be remanded due to insufficient evidence regarding his claimed psychiatric disability and sleep apnea. The case will be returned to the RO/AMC for further development.

The Veteran's appeal for higher ratings on multiple conditions, including lumbar sprain and migraine headaches, was denied. The Veteran's lumbar sprain is currently rated at 10 percent.

The Veteran's claim for service connection for sleep apnea has been reopened due to the submission of new and material evidence. The claim remains pending as it is not clear whether the Veteran's sleep apnea is related to his military service.,The initial evaluation for PTSD remains denied, with a current rating of 30 percent.

The Veteran's right shoulder disability was rated at 20 percent from June 16, 2006 to January 4, 2010. Since then, the rating has been denied.,For his lumbar spine disability, a 10 percent rating has been assigned throughout the appeal period.

The Veteran's sleep apnea was not incurred in or aggravated by service, and his degenerative joint disease of the lumbar spine did not manifest during service. The Board denied service connection for sleep apnea and found that a higher initial rating for degenerative joint disease of the lumbar spine is warranted.

The Board has determined that the Veteran's sleep apnea and depression are service-connected.,Both conditions were found to be related to symptoms noted during active duty.

The Veteran's appeal is remanded due to the need for a new VA examination to assess his current level of disability, as he testified that his service-connected lumbar spine disability has worsened since his last examination.

The Veteran's lumbar myositis was not granted an increased rating, and the issue of TDIU remains pending.

The Board has determined that the July 1988 rating decision denying service connection for retinitis pigmentosa was clearly and unmistakably erroneous, and granted a new effective date of February 5, 2004. The issue of an earlier effective date based on CUE in the July 1988 decision is moot.

The Veteran is entitled to benefits under the Post-9/11 GI Bill at the 100 percent level due to his service-connected disability, retinitis pigmentosa.

The Veteran's initial evaluations for thoracic and lumbar spine disabilities were denied, with the Board finding that the evidence did not meet the criteria for a compensable evaluation or an evaluation in excess of 10 percent prior to September 26, 2003.

The Veteran's gastrointestinal disability is related to his service-connected arthritis, and the Board has granted service connection for this condition. The other issues remain pending.

The Veteran's claims for service connection and increased rating are being remanded due to the need for additional development, including a VA examination for sleep apnea.

The Board has determined that a timely substantive appeal was filed for the October 2008 rating decision denying entitlement to a temporary 100 percent evaluation based on the need for convalescence following an uvulopalatoplasty and tonsillectomy related to service-connected sleep apnea.

The Board has denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) and service connection for PTSD. The TDIU claim was remanded due to unclear medical opinions regarding the Veteran's ability to work due to his service-connected disabilities, including lumbosacral strain and pulmonary tuberculosis.

The Veteran's GERD with dyspepsia is found to have had its onset during service and is granted as incurred in service. The issue of entitlement to service connection for sleep apnea remains pending.

The Veteran's appeal for an increased evaluation for lumbosacral strain with degenerative changes was dismissed due to the death of the Veteran during the pendency of the appeal.

The Veteran's service-connected disabilities combine to a 70 percent rating, which is sufficient for TDIU under the schedular criteria. However, the Board denied referral of his claim for extraschedular consideration due to meeting the threshold disability percentage requirement.

The Veteran's service-connected lumbar spine disability, with at worst 40 degrees of forward flexion and 145 degrees of combined range of motion, is manifested by moderate limitation of motion. The criteria for a higher rating in excess of 20 percent have not been met.