Sleep apnea decisions — 2002

The veteran has withdrawn his appeal, and the case is dismissed without prejudice.

The veteran was granted a total rating based on individual unemployability due to service-connected disabilities effective from August 3, 2002. The appeal is about establishing the appropriate effective date for this award.

The Board has granted the veteran's claim of service connection for a low back disorder, including lumbar disc herniation and degenerative joint disease of the lumbosacral spine. The decision finds that his current back condition is at least as likely as not caused by his service-connected bilateral knee disability.

The Board denied the veteran's claims for increased ratings and service connection, finding no evidence of a nexus between her current conditions and active duty service.

The Board has denied the veteran's claims for service connection for right shoulder disability, headaches, and right thumb, 3rd and 5th fingers disability. The Board also found that there is no evidence of a current right shoulder disability or headache disorder within one year of discharge.

The veteran's disabilities do not render him unable to care for most of his daily needs without requiring Aid and Attendance (A&A), nor are they housebound in fact. Therefore, the claim for special monthly pension based on A&A or housebound status is denied.

The Board denied service connection for the veteran's claimed disabilities, including sore throat, flu-like symptoms, a chronic cough, chest congestion, and shortness of breath; intestinal swelling, abdominal bloating, diarrhea and constipation; joint pain; fatigue; fever and chills; and sore gums with recurrent blisters on tongue and oral mucosa. The Board found that the veteran's disabilities were not due to service or an undiagnosed illness.

The veteran's psoriatic arthritis and lumbosacral strain with herniated nucleus pulposus are rated at the maximum disability levels based on their severity.

The Board denied the appellant's claims for increased DIC benefits based on need for regular aid and attendance or by reason of being housebound, finding that she is not in need of such assistance.

The Board has determined that the veteran's cervical and lumbosacral spine disabilities are currently rated at 20 percent, which is considered adequate to reflect their current severity.

The Board has granted service connection for degenerative disc disease and arthritis of the lumbosacral spine, bilateral knee degenerative joint disease, and a history of otitis externa. Service connection for pulmonary tuberculosis is denied.

The Board denied service connection for hyperplastic squamous mucosa with focal hyperkeratosis and parakeratosis of the mandible, finding no medical evidence linking this condition to service.

The Board has determined that the veteran's hiatal hernia and rosacea were not incurred in or aggravated by service, leading to a denial of both claims.

The Board found that the veteran's lumbosacral strain did not warrant a rating in excess of 10 percent, as there was no evidence of more significant disability than what is already compensated by the current evaluation.

The veteran's claim for a total disability rating based on individual unemployability (TDIU) was denied as his service-connected lumbosacral strain does not preclude him from securing or following a substantially gainful occupation.

The Board has reopened the veteran's claim for service connection due to new and material evidence, and finds that his current low back disability is related to a fall he experienced in service. Service connection is granted.

The Board found that the reduction in disability rating from 40% to 20% was not proper and ordered restoration of a 40% disability rating.

The Board found that the veteran's death was due to his exposure to Agent Orange, which caused lymphangiosarcoma. The claim is granted.

The veteran's claim for an increased rating of lumbosacral strain was denied as he failed to appear for a scheduled VA examination without showing good cause.

The veteran's service-connected disabilities are of such severity as to preclude all forms of substantially gainful employment, and the Board has determined that he meets the criteria for a total disability rating based on individual unemployability.