Sleep apnea decisions — 2013

The Veteran's acquired psychiatric disability, including PTSD, pain disorder, depressive disorder, and cognitive impairment, has been rated at 70 percent since March 24, 2003. The Veteran also received a TDIU rating effective April 26, 2010.

The Board denied the Veteran's claims for service connection for lumbar and cervical spine disabilities, bilateral upper and lower extremity radiculopathy and/or neuropathy, and sleep apnea. The evidence did not support a finding that these conditions were incurred or aggravated by active duty service.

The Veteran is seeking service connection for obstructive sleep apnea as secondary to his service-connected generalized anxiety disorder. The Board has determined that further development, including a VA examination and additional evidence collection, is needed before the claim can be adjudicated.

The Veteran's cervical spine degenerative disk disease is currently rated at 20 percent, which meets the criteria for a higher rating.

The Board has determined that additional development is necessary before the claim can be adjudicated, including obtaining VA treatment records and an addendum opinion regarding the Veteran's sleep apnea.

The Board denied service connection for the Veteran's claimed right knee, right foot, and right ankle disorders, as well as a disorder of bilateral toes other than the right toe hallux valgus, and low back disorder. The Board found no credible evidence of chronic pathology of any joints or toes other than the right great toe for more than 20 years after service.

The Veteran's lumbosacral spine disability has not been productive of unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes having a total duration of at least six weeks, and therefore, does not meet the criteria for an evaluation in excess of 40 percent.

The Veteran's lumbosacral strain and sciatica of the bilateral lower extremities are currently rated at 40 percent each, resulting in a combined rating of 60 percent. The appeal is granted as his service-connected disabilities meet the criteria for TDIU.

The Veteran's back disability was rated at 20 percent prior to July 2, 2010 and increased to 40 percent thereafter. The TDIU claim is granted.

The Board has remanded the case to schedule a VA compensation examination of the Veteran's lumbosacral spine due to evidence suggesting worsening of his disability. Additionally, all pertinent treatment records since May 2010 and from David Cosenza, M.D., must be secured and associated with the claims file.

The Board has determined that the Veteran's sleep apnea is etiologically related to his active service, and therefore grants service connection for this condition.

The Veteran's service-connected conditions render him unable to secure or maintain substantially gainful employment.

The Veteran's appeal is being remanded for additional development to determine the nature and severity of his low back disability, including whether any diagnosed entity other than lumbosacral strain is part and parcel of/due to/ evolved from the service-connected condition.

The Board has remanded the case for further development, including scheduling a VA examination to determine the nature and etiology of the Veteran's claimed sleep disorder. The Veteran contends that he has a current sleep disorder related to service or service-connected disability.

The Veteran's service-connected lumbosacral strain does not render him unable to secure and follow a substantially gainful occupation, as his disability is rated at 20% and the evidence shows he has residual capacity for sedentary work.

The Board found that the Veteran's sleep disorder is a symptom of his service-connected PTSD and not a separate disability warranting service connection.

The Board has remanded the case due to incomplete examination reports and conflicting information regarding the Veteran's desire for a hearing. The initial disability rating claim remains in appellate status.

The Veteran's lumbosacral myositis was initially rated at 30 percent from July 19, 2004 to August 12, 2009. The RO used the criteria for lumbosacral strain under Diagnostic Code 5237.

The Veteran requested a withdrawal of the appeals for service connection for sleep apnea syndrome and for depression during his September 2012 videoconference Board hearing. As a result, those claims are dismissed.

The Board found that an overpayment of VA benefits due to a change in the Veteran's marital status was properly created, and thus denied the appeal.