The Veteran's sleep apnea was rated at 50 percent, but the Board found that it did not meet the criteria for a higher rating due to lack of chronic respiratory failure with carbon dioxide retention or cor pulmonale.,For the left knee injury prior to November 25, 2014, the Veteran received a 10 percent rating based on painful motion. After this date, he was granted a 30 percent rating for limitation of extension and a 20 percent rating for meniscal tear.,Major depressive disorder was rated at 30 percent, which is the maximum available under Diagnostic Code 9434.,Degenerative disc disease (low back disability) was rated at 40 percent, but not higher due to lack of ankylosis or incapacitating episodes of intervertebral disc syndrome.,Erectile dysfunction received a non-compensable rating.

The deciding factor: The Veteran's sleep apnea did not meet the criteria for chronic respiratory failure with carbon dioxide retention or cor pulmonale, and he did not require a tracheostomy. The Board found that his condition was asymptomatic.,For the left knee injury prior to November 25, 2014, the Veteran had painful motion but no limitation of flexion or extension. After this date, he had limited extension (to 20 degrees) and a meniscal tear, warranting separate ratings for each condition.,Major depressive disorder was rated at its maximum due to the severity of symptoms not meeting criteria for higher ratings under other diagnostic codes.,Degenerative disc disease did not meet criteria for ankylosis or incapacitating episodes of intervertebral disc syndrome. The Veteran's low back disability was rated based on limitation of motion and meniscal tear, with no additional factors warranting a higher rating.,Erectile dysfunction did not result in deformity of the penis, thus receiving a non-compensable rating.

Claimed conditions

Sleep apnea, Left knee injury, Major depressive disorder, Degenerative disc disease (low back disability), Erectile dysfunction

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

January 2, 2020

Citation

20000031

This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 20000031.