Sleep apnea Board decisions

The Veteran's claim for an initial rating in excess of 50 percent for obstructive sleep apnea is denied. The next higher 100 percent rating under DC 6847 is not warranted due to the absence of chronic respiratory failure with carbon dioxide retention or cor polmonale, or symptoms requiring a tracheostomy.

The Board finds that the Veteran's non-ischemic heart disease, bilateral knee and hip arthritis, bilateral shoulder arthritis, and lumbosacral spine arthritis are not related to his active service or presumed in-service herbicide exposure. As a result, these claims for service connection are denied.

The Veteran's skin disability, manifested by rosacea and cysts to the head, face, and back, is found to be service-connected. The Veteran's PTSD is currently rated at 30 percent.

The Veteran's claims for service connection for sleep apnea, hypertension, and coronary artery disease are being remanded due to the need for additional development.

The Board has denied the Veteran's claims for service connection for anxiety disorder, autoimmune disability, sleep apnea disability, and heart disability. The evidence does not support a finding of current diagnoses or a relationship to service.

The Veteran's low back disorder and headaches have been granted increased ratings, with the low back disorder receiving a 40 percent rating effective December 10, 2009. The headaches received a 10 percent rating prior to September 24, 2009, and a 30 percent rating from that date.

The Veteran's obstructive sleep apnea has been rated at 30 percent since June 7, 2005 (the date of service connection), and increased to 50 percent effective January 4, 2010.,A higher rating is not warranted as the Veteran's condition does not meet or approximate criteria for a 100 percent rating.

The Veteran's service-connected lumbosacral strain with degenerative joint disease and degenerative disc disease is currently evaluated at 40 percent, which does not meet the criteria for an increased evaluation as it does not demonstrate unfavorable ankylosis of the entire spine or thoracolumbar spine, nor does it show incapacitating episodes totaling at least 6 weeks in the past 12 months.

The Veteran's claims for service connection of various disabilities are being remanded due to the need to verify his periods of active duty and inactive duty training, as well as to schedule VA examinations for bilateral hearing loss and carpal tunnel syndrome.

The Veteran's lumbosacral strain with degenerative arthritis and degenerative disc disease was rated at 20 percent prior to November 14, 2003. From that date forward, the criteria for a higher evaluation were not met. The ratings for radiculopathy of the left and right lower extremities did not meet the criteria for an initial rating greater than 10 percent.

The Board has remanded the case due to insufficient medical evidence regarding whether the Veteran's service-connected PTSD with anxiety and lumbosacral spine disabilities leave him in need of assistance or result in his being housebound. The claim will be returned for further action.

The Veteran's mild obstructive sleep apnea was not present during his periods of service and is not shown to be causally or etiologically related to his service-connected herniated disc of the cervical spine.

The Veteran's appeal is being remanded to obtain updated treatment records and for VA examinations to assess the severity of his service-connected spondylolisthesis, degenerative disk disease of the lumbosacral spine, and left lower extremity radiculopathy.

The Veteran's current degenerative disc disease of the lumbosacral spine is not related to his service or service-connected right knee condition.

The Veteran's nonservice-connected disabilities, including degenerative changes at the acromioclavicular joint of the left shoulder and gastroesophageal reflux disease, do not meet the criteria for a permanent and total rating for non-service connected pension.

The Board found that the Veteran's sleep apnea was not incurred in or aggravated by military service and denied his claim for service connection.

The Veteran's coronary artery disease is presumed to have resulted from his service in Vietnam, and he is granted service connection. The Veteran's back condition is not related to his military service.

The Veteran's service-connected chronic lumbosacral strain and PTSD/Depressive Disorder have rendered him unable to secure or maintain substantially gainful employment.,The Board finds that the Veteran is unemployable due to his service-connected disabilities, including chronic lumbosacral strain and PTSD/Depressive Disorder.

The Board found that the Veteran's chronic lumbosacral spine disability was not incurred in or aggravated by service.

The Board has decided to remand the case due to the need for a VA medical opinion regarding the origin of the Veteran's sleep apnea, which is currently diagnosed. The Veteran will be provided with an examination and/or any indicated tests and studies.