Sleep apnea Board decisions

The Veteran's service-connected disability due to the loss of use of both lower extremities has been found permanent and total, meeting the criteria for specially adapted housing. However, as he is already eligible for specially adapted housing, his claim for a special home adaptation grant is moot.

The Veteran's service-connected disabilities, including major depression and multiple knee and back issues, render him unable to secure or follow a substantially gainful occupation.

The Veteran withdrew his appeals for both issues before the Board could make a decision.

The Veteran's obstructive sleep apnea is found to be causally related to his active duty service and the claim for service connection is granted.

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

The Veteran's claims for increased ratings for lumbosacral strain with degenerative disc disease and cervical strain were denied as the evidence did not show ankylosis or incapacitating episodes of intervertebral disc syndrome.

The Board has determined that the Veteran's obstructive sleep apnea began during his military service and is therefore granted as service-connected.

The Board denied service connection for the claimed conditions, including ED and sleep apnea, as they were not shown to be related to service or a service-connected disability.

The Board has determined that the Veteran's radiculopathy of the left lower extremity does not warrant a rating in excess of 10 percent, as his symptoms do not meet or approximate the criteria for a higher evaluation.

The Veteran's service-connected disabilities do not render him unemployable, as they are rated at 20% and 0%, respectively. The Board finds that the Veteran is not entitled to a TDIU.

The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no evidence linking his current condition to his period of active service or a service-connected disability.

The Veteran's low back disability is currently rated at 40 percent effective September 24, 2008. The left knee disability remains rated at 20 percent.

The Veteran's service-connected disabilities, including PTSD, are not of such severity as to preclude him from obtaining or retaining substantially gainful employment.

The Board finds that the Veteran does not have current disabilities of headache disorder, gastroesophageal reflux disorder (GERD), sleep apnea, or a low back disorder that are related to his active duty service. The preponderance of evidence is against these claims.

The Veteran's request for an increased evaluation for his right knee disability is granted.,A separate evaluation for the scar associated with his right knee disability is denied.,An evaluation in excess of 50 percent for PTSD from October 13, 2007 is granted.,An evaluation in excess of 70 percent for PTSD from June 12, 2008 is granted.,The Veteran's claim for a compensable evaluation for his bilateral hearing loss is denied.,Service connection for the Veteran's bleeding ulcer is granted as secondary to service-connected PTSD.,Service connection for sleep apnea with CPAP is granted as secondary to service-connected PTSD.,Service connection for psoriasis is granted as secondary to service-connected PTSD.,Service connection for erectile dysfunction is granted as secondary to service-connected PTSD.,The Veteran's heart disorder, presumed due to herbicide exposure, is granted.

The Board finds that the Veteran's service-connected disabilities, including major depressive disorder with alcohol abuse, below the knee amputation of the left leg, degenerative joint disease of the lumbosacral spine, and left hip tendonitis, have rendered him unemployable. The vocational goal of becoming a lawyer has been identified as feasible given his educational background and skills.

The Veteran's abdominal scar as a postoperative residual of lumbosacral surgery is not painful, deep, or unstable. It does not cover an area exceeding 6 square inches and therefore does not meet the criteria for a compensable rating under any applicable VA rating code.

The Veteran's appeal is being remanded due to the need for issuance of a Statement of the Case on issues related to service connection and rating for sleep apnea, sinus problems, and fractures of the left metatarsals.

The Board found that the Veteran's right knee and lower back disorders are not related to his service-connected left knee osteoarthritis, status post medial meniscectomy. The preponderance of evidence does not support a finding of direct service connection for these conditions.

The Board has ordered a remand to obtain an opinion regarding whether the Veteran's service-connected PTSD caused or aggravated his obstructive sleep apnea, and if it is related to military activity. The case will be returned for further adjudication.