Sleep apnea Board decisions

The Board denied an increased rating for lumbosacral strain during the period prior to March 7, 2009 and determined that new and material evidence had not been submitted to reopen a claim for entitlement to a temporary total rating under 38 C.F.R. § 4.30 based on a need for convalescence following left knee surgery in May 1991.

The Board has determined that the Veteran did not engage in combat and his reported stressors do not meet the criteria for service connection due to fear of hostile military or terrorist activity. Therefore, service connection is denied for PTSD, psychiatric disorder other than PTSD, bronchitis, Ghon's complex, sleep apnea, anemia, and hyperlipidemia.

The Veteran's rating for chronic lumbosacral strain was reduced from 40 percent to 10 percent, effective November 1, 2006. The case is being remanded due to procedural issues and the need for a VA examination.

The Veteran's claim for a higher rating for his service-connected lumbar degenerative disc disease with mild right lower extremity S1 radiculopathy was granted, and he is now rated at 40 percent effective January 28, 2010.

The Veteran's DDD with chronic lumbosacral strain was rated at 40 percent prior to April 1, 2010. Effective from April 1, 2010, the Veteran is entitled to a 60 percent rating for his disability due to incapacitating episodes of intervertebral disc syndrome (IVDS). The TDIU claim was granted effective April 1, 2010.

The Veteran's lumbosacral strain disability was found to be manifest by limitation of forward flexion of less than 30 degrees, which did not meet the criteria for a higher rating. The claim for an increased rating was denied.

The Veteran's claims for increased ratings were denied. The Board found that the records necessary to adjudicate his claims had not been located and that he was provided with proper VCAA notice.

The Board has remanded the case for further development, including providing VCAA notice and scheduling a VA examination to determine the nature and etiology of the Veteran's neck disability, including as secondary to his service-connected lumbosacral spine disability.

The Veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment.

The Veteran's service-connected lumbosacral strain was granted a 20 percent rating effective March 5, 2008. Service connection for cognitive disorder due to TBI was also established.

The Veteran's low back disability, when considering pain and corresponding functional loss, is manifested by limitation of flexion to 30 degrees throughout the appeal period. Therefore, a rating of 40 percent is granted.

The Board has remanded the case for additional development, including obtaining outstanding service records and affording the appellant a VA examination. A video-conference hearing is also required.

The Veteran's claim for TDIU is being remanded due to the need for additional records and information. The case will be reviewed after all requested development has been completed.

The Board has determined that the Veteran's sleep apnea began in service and was aggravated during a period of active service, granting his claim for service connection.

The Board has determined that the Veteran does not have sleep apnea that is attributable to military service or caused by a service-connected disability, and thus denied his claim for service connection.

The Veteran's service-connected disabilities alone preclude substantially gainful employment consistent with his education and occupational experience, and the Board grants TDIU on an extraschedular basis.

The Veteran's claim for special monthly compensation based on the need for aid and attendance or housebound status is being remanded due to outstanding VA and private treatment records, SSA records, and a need for an examination.

The Veteran's service-connected lower back disability renders him unable to secure and follow a substantially gainful occupation, meeting the criteria for a TDIU.

The Veteran's appeal is remanded for additional development, including a VA examination to assess the severity of his service-connected low back disability and an opinion on whether he is unemployable due to his disabilities.

The Veteran's lumbar strain has been rated at 20 percent since June 9, 2004. The Board finds that the evidence does not support a higher rating.