Sleep apnea decisions — 2013

The Veteran's lumbosacral strain with spondylosis and ankylosing spondylitis is currently rated at 40 percent, which is the maximum schedular rating available under the General Rating Formula for Diseases and Injuries of the Spine. The claim for a higher rating is denied.

The Board found that the Veteran's obstructive sleep apnea is not related to service or a service-connected disability, and thus denied his claim for service connection.

The Veteran's appeal is being remanded due to the need for additional development, including a new examination and opinion regarding his low back disability. The issues of service connection for an additional low back disability are also inextricably intertwined with the increased rating claim.

The Veteran's cervical spine disability was granted a 20% rating prior to October 15, 2012. After that date, the disability is rated at 10%. The Veteran also received separate ratings for incomplete paralysis of the right and left upper extremities, both beginning on October 15, 2012.,The Veteran's neck scar was granted a 10% rating.

The Veteran's sleep apnea, diabetes mellitus, and traumatic brain injury are all found to be related to service. The Veteran's hypothyroidism disability is not increased beyond the currently assigned 10% rating.

The Veteran's appeal is being remanded to the RO for a videoconference hearing and further development as requested. The issues of service connection, evaluations in excess of 30 percent for dysphagia with odynophagia and paraesophageal hernia are pending.

The Board has decided that the case needs further examination and opinion regarding whether the Veteran's service-connected asthma aggravates his sleep apnea, and thus remands the matter for this purpose.

The Veteran's appeal is being remanded for a videoconference hearing as requested. Service connection will be reconsidered based on the evidence of record.

The Veteran's initial claim for a higher rating for his service-connected lumbar spine disability was granted, with the effective date set at March 9, 2005. The Veteran is currently rated at 40 percent for right lower extremity radiculopathy and 20 percent for left lower extremity radiculopathy from March 9, 2005 to July 23, 2009, with the effective date set at that time. The Board also granted a TDIU based on his service-connected disabilities.

The Board has determined that the Veteran does not have residuals associated with hysterectomy claimed as muscle spasms, lumbosacral strain, cervical neck pain with bone spur, nerve root irritation, muscle spasms, arthritis, and severe left side pain, or migraine headaches related to service. The claim for PTSD is also denied.

The Board has denied the Veteran's claims for service connection for hypertension and obstructive sleep apnea, finding no evidence of a nexus between these conditions and his active service or any service-connected disabilities.

The Veteran is seeking service connection for sleep apnea. The Board has determined that a VA examination should be scheduled to determine the etiology of his current diagnosed sleep apnea, and all identified treatment records should be obtained.

The Veteran's claims for a higher rating for anxiety disorder and TDIU are being remanded due to incomplete development of the record, including obtaining VA treatment records from April 2006 to present. The claim for TDIU is also intertwined with his claim for an increased rating for anxiety disorder.

The Veteran was not found unemployable due to his service-connected disabilities prior to April 28, 2004. The Director of Compensation and Pension Service determined that the nonservice-connected cervical spine condition had a significant effect on his ability to work.

The Veteran's lumbar spine disability is rated at 10 percent prior to February 7, 2013 and at 20 percent from February 7, 2013. The Board found that the evidence did not support higher ratings under either method of evaluation.

The Veteran's service-connected disabilities, including asthma, obstructive sleep apnea, posttraumatic stress disorder, and others, have rendered him unable to secure or follow a substantially gainful occupation. The Board has determined that he is entitled to a TDIU rating.

The Board has determined that a remand is necessary to obtain an addendum VA medical opinion regarding the Veteran's sleep apnea and hypertension, as well as to address his claims of exposure to environmental hazards during service in Southwest Asia.

The Veteran's appeal is being remanded for additional development, including examinations and the provision of outstanding medical records.

The Veteran's claims for service connection for hypertension, sleep apnea, and skin disease were denied as secondary to his service-connected conditions.

The Veteran's combined rating was 60 percent after the appellant's 26th birthday, but did not meet the requirement of a permanent and total disability for DEA benefits.