Sleep apnea decisions — 2005

The veteran's claim for an increased rating of his service-connected narrowing of the L5-S1 joint space with lumbosacral strain was denied. The RO found that the current evaluation (60%) adequately reflects the severity of his disability.

The veteran's claim for an increased rating for his service-connected discogenic disease of the lumbosacral spine is being remanded due to incomplete records and need for further examination.

The Board has determined that the veteran's lumbosacral strain with osteoarthritis is service-connected and warrants a 20 percent rating. The right knee disability, including instability, also meets the criteria for a 20 percent evaluation. However, arthritis of the right knee does not warrant an additional separate evaluation beyond the current 10 percent rating.

The Board denied service connection for cerumen impaction of both ears, residuals of a left eye injury, hypertension, lumbosacral spine disability (claimed as secondary to service-connected left ankle fracture), bilateral knee condition (claimed as secondary to service-connected left ankle fracture), and right ankle disability (claimed as secondary to service-connected left ankle fracture). Service connection was not granted for allergic rhinitis.

The veteran's service-connected lumbosacral strain disability is currently rated at 40 percent, the maximum schedular rating under Diagnostic Code 5295. The claim for a higher rating was denied as he did not demonstrate pronounced intervertebral disc syndrome or incapacitating episodes of intervertebral disc syndrome.

The Board denied the veteran's claims for increased evaluations for chronic lumbosacral strain and fungal infection of the feet, finding that there was no evidence of record to support higher evaluations based on the current medical evidence.

The Board has granted a 40 percent evaluation for the veteran's lumbosacral strain with arthritis and disc space narrowing of the lumbar spine with S1 radiculopathy, effective February 14, 2001.

The veteran's service-connected lumbosacral strain with early degenerative disc disease, L5-S1, is currently rated at 10 percent and does not meet the criteria for a higher rating based on current symptomatology.

The Board has determined that the veteran is entitled to an increased evaluation of 80 percent for field of vision impairment caused by eye injury and retinitis pigmentosa, effective from March 11, 2003. The evaluation was based on average concentric contractions of less than 20 degrees in both eyes.

The Board denied the veteran's claims for increased ratings for PTSD, low back pain, headaches, and sleep apnea. The claim for service connection for residuals of asbestos exposure was also denied due to lack of evidence of asbestosis or related disorders. The claim for service connection for residuals of toxic fumes exposure was denied because there is no current diagnosis of a chronic respiratory disorder.

The Board has determined that the veteran's death is caused by a service-connected condition, rhabdomyosarcoma, which was etiologically related to his exposure to carcinogenic chemicals during military service. The claim for service connection for the cause of the veteran's death is granted.

The veteran's disability rating for his traumatic arthritis of the thoracic and lumbosacral spine is denied as it does not meet the criteria for a higher rating.

The Board finds that the veteran's spouse was in need of regular aid and attendance due to her physical disabilities, including a stroke resulting in hemiparesis and wheelchair use. The claim is granted.

The veteran's claim for a higher evaluation for lumbosacral strain is being remanded due to the need for additional medical examination and analysis.

The Board has determined that the veteran's sleep apnea and palate surgery residuals are secondary to his service-connected tonsillitis, warranting service connection for both conditions.

The Board has determined that additional development is required before appellate review can be conducted.

The VA denied a disability rating in excess of 40 percent for lumbosacral strain with radiculopathy, which is currently rated at 40 percent.

The Board denied all claims, finding that the PTSD is manifested by mild-to-moderate symptoms and not warranting a rating in excess of 30 percent. The CHF was not present in service or for many years afterward and is not etiologically related to service or to a service-connected disability. Sleep apnea and facial burns are not currently established as service connected.

The veteran's ASHD is rated at 30 percent, and his degenerative arthritis of the lumbosacral spine is rated at 20 percent. The rating for ASHD remains unchanged, while a higher rating was granted for the lumbosacral spine.

The Board denied service connection for lumbosacral strain and tinnitus, finding no evidence of a pre-existing condition or aggravation during service.