Sleep apnea Board decisions

The Veteran's service-connected lumbosacral strain alone does not preclude him from securing or following a substantially gainful occupation.

The Board has granted a 10 percent rating for degenerative arthritis of the left knee and lumbosacral spine, but denied an increased rating for the right knee. The Veteran's disability is rated under the General Formula for Diseases and Injuries of the Spine.

The Veteran's claim for service connection for sleep apnea is being remanded due to the need for additional development, including obtaining medical opinions regarding the etiology of his condition and whether it was caused by military service.

The Veteran's lumbosacral strain is currently rated at 20 percent, and the claim for increased rating has been denied. The TDIU claim based on service-connected disability is moot as of August 17, 2010.

The Veteran's initial disability ratings for his service-connected degenerative disc disease and associated radiculopathy have been granted, with a rating of 20 percent each.

The Board has dismissed the Veteran's claim for high cholesterol due to his withdrawal of the issue. The remaining service-connection claims have been denied.

The Veteran's sleep apnea claim has been granted, and his right knee instability rating was reduced from 20% to noncompensable effective January 1, 2009.,The reduction of the right knee disability rating was proper as there is evidence showing that the Veteran did not have knee instability at the time of the reduction.

The Veteran's appeals for increased ratings on several service-connected conditions have been withdrawn, and the claims are dismissed.

The Board has remanded the case due to the need for additional development, including obtaining Social Security Administration (SSA) records.

The Veteran's appeal is remanded due to the need for additional examinations and development of his claims, including a VA examination to determine the etiology of any current DM.

The Veteran's claims for service connection are being remanded due to the need for additional examinations and clarification of medical evidence.

The Veteran's lumbar spine disability is rated at 40 percent, and his right and left lower extremity radiculopathy are each rated at 20 percent. The claims for increased ratings have been granted.

The Veteran's appeal involves multiple conditions, including asthma and bronchiectasis, sleep apnea, degenerative disc disease of the lumbar spine, gastrointestinal issues, erectile dysfunction, and diabetes. The claims are related to service connection for these conditions based on exposure to Agent Orange during active duty.

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

The Veteran's lumbosacral strain has been rated at 20 percent since October 16, 2004. The rating was increased to 40 percent effective June 21, 2006.

The Board has remanded the Veteran's claims for service connection for degenerative disc disease of the cervical and lumbosacral spine, to include as due to an undiagnosed illness. The case is now pending with the RO for further development.

The Veteran's service-connected disabilities, including PTSD and hearing loss, have rendered him unable to obtain or retain employment consistent with his abilities, aptitudes, and interests. The Board has granted vocational rehabilitation benefits for a law degree.

The Veteran's claim for a compensable rating for lumbosacral strain was granted, and an initial disability rating higher than 10 percent was granted effective February 29, 2008. A higher disability rating of 20 percent was granted effective December 28, 2009.

The Veteran's claims for service connection for diabetes mellitus, type 2 and increased ratings for lumbosacral strain and left lower extremity radiculopathy associated with lumbosacral strain were denied. The Board found no evidence linking the current conditions to his military service.

The Veteran's current sleep apnea disability is found to be etiologically related to his active duty service, and the claim for service connection is granted.