Sleep apnea Board decisions

The Veteran's back disability has been rated at 40 percent since November 30, 2007. The Board finds that the evidence does not support a higher rating prior to December 7, 2007, from February 1, 2008, to November 12, 2012, and beginning January 1, 2013.

The Veteran's degenerative disc disease of the lumbosacral spine with neuroforaminal stenosis and associated sciatica were granted initial ratings, but not in excess of 10 percent prior to May 18, 2009. From May 18, 2009 onwards, he was granted a higher rating for his sciatica.

The Board has determined that the Veteran's current diagnosis of obstructive sleep apnea is related to his active military service, and thus grants entitlement to service connection for this condition.

The Veteran's lumbosacral strain was previously rated at 10 percent prior to August 6, 2009. The evidence does not show that his range of motion or other symptoms warranted a higher rating during this period.

The Veteran's claims for service connection were denied. The Board found that the evidence did not support a finding of chronic disabilities related to his claimed conditions.,Service connection was denied for bilateral hearing loss, epistaxis, anemia/iron deficiency, and irritable bowel syndrome.

The Board has ordered additional development to obtain records from the Minneapolis VA Healthcare System and CentraCare Hospital, as well as a medical opinion regarding the etiology of the Veteran's obstructive sleep apnea. The claim will be readjudicated after these actions.

The Veteran's service-connected disabilities, including diabetes mellitus, PTSD, and sleep apnea, render him unable to secure or follow substantially gainful employment.

The Veteran's lumbar spine disability and associated radiculopathies are not shown to preclude him from securing and following substantially gainful employment, but he is entitled to separate compensable ratings for his bilateral lower extremity radiculopathies prior to February 9, 2012.

The Veteran's PTSD was found to cause occupational and social impairment with reduced reliability, resulting in a 50% rating from February 2, 2001, to November 27, 2006. Service connection for hypertension and sleep apnea were denied as secondary to PTSD.

The Veteran's PTSD, diagnosed based on his combat service in Iraq, is granted. His respiratory disorder (COPD), chronic nosebleeds, sleep apnea, and skin disorder are not found to be related to service.

The Veteran is entitled to TDIU from May 3, 2013 due to his service-connected cyclothymic disorder. Special monthly compensation was granted effective July 6, 2015.

The Board has determined that the Veteran's obstructive sleep apnea and hypertension are related to his service, granting service connection for both conditions.

The Veteran's appeal is being remanded for additional development to consider the claims of service connection and increased rating, including a VA examination for urethral discharge (gonorrhea) and herpes.

The Veteran's current obstructive sleep apnea is etiologically related to his service-connected allergic rhinitis, and the Board grants service connection for this condition.

The Veteran's claims for service connection for various conditions, including TBI with vertigo, nausea and headaches, COPD, sleep apnea, cervical spine disability, thoracolumbar spine disability, diabetes mellitus, erectile dysfunction (ED), and left hand disability are all denied as there is no competent evidence of current disabilities or a nexus to service.

The Veteran's service connection for a depressive disorder is granted. The rating for lumbosacral strain with lumbosacral DDD remains at 20 percent, and the initial rating for radiculopathy of the right lower extremity from February 14, 2011, to July 28, 2013, is granted at 10 percent. The rating for radiculopathy of the right lower extremity since July 29, 2013, is granted at 20 percent.

The Veteran's lumbar spine disability was rated at 10 percent prior to December 15, 2011 and at 40 percent thereafter. The claim for separate evaluations for left and right lower extremity radiculopathy is addressed in the REMAND portion of this decision.

The Veteran's lumbar spine disability is rated at 40 percent disabling effective May 7, 2014. The dental disorder claim was not granted.

The Veteran is entitled to a TDIU since January 13, 2003, due to his service-connected disabilities making him unable to secure or follow substantially gainful employment.

The Board granted initial non-compensable ratings for bilateral shoulder strain, effective from July 3, 2012. Effective that date, the Veteran is entitled to a 20 percent rating for his service-connected lumbosacral spine disability.