Sleep apnea decisions — 2005

The veteran's claim for an increased rating for his low back disability and a permanent and total disability rating for pension purposes prior to September 18, 1998 was denied. The RO found that the schedular criteria for a higher rating were not met.

The veteran's benign prostatic hypertrophy results in nocturnal voiding 3-4 times per night, a diminished stream, and no other symptomatology. His patellofemoral syndrome of the left knee is characterized by extension to at least 14 degrees and flexion to at least 126 degrees without instability or subluxation. The veteran's onychomycosis affects approximately 3cm squared of his feet with no exfoliation, exudation, or itching. His degenerative disc disease of the lumbosacral spine is characterized by an approximate loss of 10 percent of motion after prolonged use but without muscle spasm or abnormal spinal contour.

The Board has determined that the veteran's low back disabilities are not associated with his service-connected epilepsy, and thus denied his claim for secondary service connection.

The veteran's service-connected peripheral neuropathy of the right and left upper extremities are granted. The issue of entitlement to service connection for sleep apnea is not addressed in this decision.

The Board has remanded the case for additional development, including obtaining medical records and providing the veteran with VA examinations to assess her neck disorder, back disability, and breast condition. The issues of service connection for a neck disorder, increased ratings for degenerative disc disease of the lumbosacral spine, and residuals of cystic mastitis remain in contention.

The Board found that the veteran's service-connected disabilities do not render him in need of regular aid and attendance or housebound, thus denying his claim for special monthly compensation.

The veteran's lumbosacral strain with intervertebral disc syndrome is currently rated at 60 percent, effective September 23, 2002. The rating reflects the severity of his condition as determined by incapacitating episodes and other manifestations.

The Board denied the veteran's claims for service connection for PTSD and sleep apnea, finding that there was no competent evidence linking these conditions to his military service.

The Board has determined that new and material evidence has been presented to reopen the claim for service connection for retinitis pigmentosa, and thus the claim is granted.

The veteran's claims for increased ratings for lumbosacral spine myopathy, arthrotomy of the left knee secondary to chondromalacia, and postoperative realignment, extension mechanism of the right knee were denied as his conditions do not meet the criteria for a higher rating.

The veteran's claims for increased ratings and service connection were denied. The Board found that the current ratings for lumbosacral strain and cervical strain did not meet the criteria for higher evaluations, and there was no evidence linking his shoulder, hip, or fibromyalgia to service.

The veteran has withdrawn his appeal regarding the evaluation of bilateral retinitis pigmentosa with bilateral cataracts, and thus the issue is dismissed.

The Board has determined that the veteran's postoperative liposarcoma of the upper back does not meet or approximate the criteria for a compensable evaluation under VA rating criteria.

The veteran's claim for an increased evaluation of his lumbosacral spine disorder was granted, with a rating of 40 percent effective from August 18, 2003. The claim for service connection for ALS was also granted.

The Board has granted a 40 percent rating for the veteran's service-connected lumbosacral sprain, effective September 26, 2003. The claim for service connection of a bilateral shoulder disability is also granted.

The Board has remanded the veteran's claims due to incomplete development and need for additional examinations.

The Board has denied the veteran's claim for service connection for sarcoidosis, sleep apnea and chronic nasal congestion, claimed as a lung disorder resulting from participation in Project SHAD. The evidence does not support a finding that these conditions are related to service or any incident therein.

The Board has remanded the case for further development and consideration, including obtaining updated VA treatment records, scheduling an examination, adjudicating increased disability ratings claims, and readjudicating the TDIU claim.

The Board denied the veteran's claim for service connection for a respiratory disorder due to an undiagnosed illness, finding that his symptoms were attributable to known clinical diagnoses and not related to service.

The Board denied the veteran's claims for service connection for arthritic changes and degenerative joint disease of the lumbosacral spine and a left shoulder disorder. The evidence did not support the veteran's assertions that these conditions were related to his military service.