Sleep apnea Board decisions

The Veteran's appeal is being remanded for further development, including scheduling a hearing and considering the new evidence submitted since previous statements of the case.

The Veteran is found to be totally and permanently disabled as a result of nonservice-connected disabilities, including benign prostate hypertrophy, right knee osteoarthritis, left knee osteoarthritis, hypertension, and back condition (lumbosacral spine), when considered with his age, educational level, and prior work history. Therefore, he is entitled to nonservice-connected pension benefits.

The Veteran's thoracolumbar spine disability is rated at 10 percent, and the Board finds no basis to grant a higher rating based on current evidence of record. The Veteran does not meet the criteria for a separate rating for left sciatic radiculopathy or nocturia (urinary frequency). Right knee and left knee disorders are not service-connected. Bilateral carpal tunnel syndrome is also not service-connected.

The Veteran's sleep apnea and post-traumatic degenerative joint disease of the left knee are both found to be related to service, granting service connection for these conditions.

The Veteran has been granted service connection for left knee patellofemoral pain syndrome, right hip trochanteric bursitis, obstructive sleep apnea, and migraine headaches on a direct basis. The claims of service connection for these conditions are all considered to be the result of injury or disease incurred in active military service.

The Veteran is found to be unemployable due to his service-connected disabilities, and a total rating based on individual unemployability is granted.

The Veteran's lumbosacral muscular strain is currently evaluated at a 20 percent rating due to forward flexion limited between 50 and 65 degrees, which does not meet the criteria for higher ratings based on limitation of motion or unfavorable ankylosis.

The Veteran's claims for increased evaluations for his service-connected lumbosacral strain were denied by the Board. Prior to October 1, 2010, he was not entitled to a rating in excess of 10 percent. Since October 1, 2010, he is not entitled to a rating in excess of 20 percent.

The Board found that the service-connected disabilities did not substantially or materially contribute to the Veteran's death, which was caused by a spinal cord stroke.

The Veteran's current obstructive sleep apnea syndrome is found to have originated during his military service, and the Board grants service connection for this condition.

The Board found that the Veteran's obstructive sleep apnea may be related to his service, resolving all reasonable doubt in favor of the claimant.

The Veteran's claims for increased disability ratings for lumbosacral strain and left ear hearing loss were denied by the Board, as both conditions do not warrant a higher rating based on current medical evidence.

The Veteran's appeal was not timely filed, and her claims of service connection for sleep apnea, herniated disc, and asthma were denied in the April 2008 rating decision.

The Veteran's service-connected PTSD is currently rated at 30 percent, effective September 2007. The VA has determined that the current level of impairment does not warrant a higher evaluation.

The Veteran's claim for an increased rating for his lumbosacral strain is being remanded due to the need to obtain additional private treatment records from Monmouth Medical Center Clinic.

The Veteran's bronchial asthma and sleep apnea are currently rated at 50 percent, which is the maximum schedular rating available. The Board finds that a higher rating is not warranted based on the evidence of record.

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

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU, but further examination is needed to determine if he is unemployable due to his service-connected conditions.

The Veteran's lumbosacral strain is currently rated at 60 percent, the maximum schedular rating available under Diagnostic Code 5243 for degenerative changes. The claim for a higher disability rating has been denied.

The Board found that the Veteran's current sleep apnea and restrictive lung disease did not have its onset during service, nor are they related to any in-service injury or disease. The Board concluded that these conditions were not incurred in or aggravated by active service.