Sleep apnea decisions — 2018

The Veteran's sleep apnea and hypertension were both found to be service-connected. The additional compensation for lumbosacral spine degenerative disc disease with neurological impairments was also granted.

The Veteran's service-connected disabilities combine to preclude substantially gainful employment, and the Board finds that he is unable to secure or follow a substantially gainful occupation as a result of his service connected disabilities. Therefore, TDIU is granted.

The Board denied the Veteran's claims for service connection for various conditions, including sleep apnea, foot disorders, knee disorders, ankle disorder, and headache disorder. The Board found that there was no evidence of a direct relationship between these conditions and active duty service.

The Board has denied the Veteran's claims for service connection for obstructive sleep apnea and Shy-Drager syndrome, finding no causal nexus to his active service or service-connected conditions.

The Board found no evidence of service connection for the claimed conditions, including sleep apnea, digestive disorder, GERD, and large intestine and bowel condition. The Veteran's current diagnoses were determined to be not related to his military service.

The Board has determined that a remand is necessary to determine the nature and etiology of the Veteran's sleep apnea, as there are indications it may be related to service or aggravated by his service-connected disabilities.

The Board has granted a 20 percent rating for the Veteran's service-connected lumbosacral spine strain, mild scoliosis, degenerative disc disease, anterolisthesis L5-S1 (lumbar spine disability), and a 20 percent rating for his service-connected left lower extremity radiculopathy. The Veteran's status post left total knee replacement is rated at 30 percent.

The Board has remanded the case due to a lack of recent VA examination and incomplete Disability Benefits Questionnaire (DBQ). A new examination is required to assess the current severity of the Veteran's service-connected spine disability.

The Veteran's claims for increased ratings for his right knee and lumbosacral spine disabilities were denied. The Board found that the evidence did not support a higher rating for either condition.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that it was not incurred in or related to active service and is not secondary to his service-connected PTSD.

The Veteran's lumbosacral degenerative disc disease has not been manifested by forward thoracolumbar flexion limited to 61 degrees or less, or by a combined range of thoracolumbar motion limited to less than 121 degrees, or by muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. Therefore, the Veteran's lumbosacral degenerative disc disease does not meet the criteria for a rating higher than 10 percent.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and a medical opinion regarding the relationship between the Veteran's sleep apnea and his service-connected PTSD.

The Board has determined that the Veteran's service-connected disabilities do not meet the criteria for a TDIU on a schedular basis and therefore denied his claim.

The Veteran's claim for service connection for obstructive sleep apnea was denied. For his hepatitis B and C, the Veteran received a 10% rating based on intermittent fatigue, malaise, anorexia, but without incapacitating episodes.

The Veteran's heart murmur is not a disability for VA purposes, and service connection cannot be granted.,Sleep apnea has been rated at the maximum 50% level due to use of CPAP machine. It does not meet criteria for higher ratings based on respiratory failure or tracheostomy.,Right shoulder degenerative joint disease is currently rated as 20%, which aligns with limitation of motion at shoulder level (170 degrees flexion).,Left knee tendonitis has been rated at the maximum 10% level, reflecting no more than normal range of motion and pain on movement.,Hypertension has not required compensable ratings as it is controlled by medication with diastolic pressure below 100 and systolic pressure consistently below 160.,Psoriasis affects less than five percent of exposed or unexposed areas without requiring systemic corticosteroid or immunosuppressive drugs.

The Board found that the reduction in the evaluation for chronic lumbosacral strain from 40% to 10% was improper due to lack of improvement in the Veteran's condition.

The Board has determined that the Veteran's obstructive sleep apnea syndrome and gastroesophageal reflux disease (GERD) are service-connected as they were present during his military service.

The Veteran's claim for a rating in excess of 50 percent for sleep apnea was denied as his symptoms did not meet the criteria for a higher rating.,The Veteran's claim for TDIU was also denied, with the Acting Director of Compensation Service finding that there were no circumstances outside the norm which would justify a TDIU based solely on service-connected disabilities.

The Board has determined that the Veteran's degenerative arthritis of the lumbosacral spine is related to his active military service, and thus grants service connection for this condition.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining Social Security Administration records related to her disability benefits claim.