Sleep apnea decisions — 2006

The veteran's lumbar spine disability has been rated at 10 percent since October 1, 2001. The RO found that the condition is manifested by limited range of motion but without any additional functional impairment or other significant symptoms.

The veteran's claims for service connection for diabetes mellitus, depression, a back disability, impaired sleeping, nightmares, and night sweats were denied as there is no evidence of these conditions during or related to his military service.

The Board denied a higher rating for the veteran's sleep apnea, finding that it did not meet the criteria for a 100% rating due to lack of chronic respiratory failure or need for tracheostomy.

The veteran's cause of death was listed as diffuse large cell lymphoma of the testicle. Service connection for his lumbosacral strain with degenerative changes and residuals of right nephrectomy was granted, but service connection for the cause of death due to lymphoma was denied.

The veteran's low back disability was not shown to warrant a rating in excess of the assigned ratings prior to December 3, 2003 and from December 3, 2003 to November 1, 2005. From November 1, 2005, the disability has not been manifested by ankylosis, pronounced intervertebral disc syndrome, incapacitating episodes, or separately ratable neurological symptoms.

The Board has granted the veteran's claims for service connection for sleep apnea and PTSD, finding that these conditions are related to his military service. The increased rating claim for hypertensive cardiovascular disease and the compensable rating claim for prostatitis remain pending.

The veteran's left knee disorder and actinic keratosis and acne rosacea were not found to be service-connected or warrant increased ratings.

The Board has determined that the veteran's claims for increased evaluations of his thoracic strain, lumbosacral strain, and cervical strain with degenerative changes are denied as they do not meet the criteria for higher ratings under the applicable VA rating schedule.

The Board found that the veteran's degenerative disc disease of the lumbosacral spine was not incurred or aggravated by service, and denied his claim for service connection.

The veteran's multiple disabilities, including end stage macular degeneration and lumbosacral degenerative disc disease, do not meet the criteria for special monthly pension based on need for regular aid and attendance or being housebound.

The Board denied the veteran's claims for service connection for cardiovascular disease and a higher rating for his low back disorder, as well as entitlement to a total rating by reason of individual unemployability due to service-connected disabilities. The evidence did not support these claims.

The Board denied the veteran's claims for service connection for a deviated septum and sleep apnea as secondary to a deviated septum, finding that there was no evidence of aggravation during service or any other service-connected disability causing the conditions.

The Board denied the veteran's claim for a rating in excess of 20 percent for residuals of lumbosacral strain, finding that his condition did not warrant such an increase based on moderate limitation of motion.

The Board has determined that the veteran's degenerative disc disease, lumbosacral spine does not warrant a rating in excess of 10 percent from July 1, 2002 to June 17, 2003 and since June 17, 2003 warrants a 20 percent rating. The veteran's radiculopathy of the left lower extremity is rated at 10 percent.

The Board has denied the veteran's claims for service connection for a lumbosacral spine disability and chronic fatigue secondary to his service-connected carcinoma of the abdomen, as well as the evaluation of his restrictive lung disease. The veteran's current rating for his restrictive lung disease is 10 percent.

The veteran's disability evaluation for chronic lower dorsal and lumbosacral strain, including degenerative disc disease and degenerative joint disease, is denied as the evidence does not meet the criteria for a higher rating.

The Board has granted increased ratings for the veteran's service-connected stomach disorder, post-operative residuals of a right knee injury, and lumbosacral spine disability.

The Board granted a rating of 20 percent for the service-connected lumbosacral spine disability, effective from the date of the decision. A separate 10 percent rating was also granted for radiculopathy associated with the disability.

The Board has determined that the veteran's service-connected lumbar spine disability warrants a 100 percent evaluation due to multi-level degenerative changes, spondylolisthesis, ligamentum flavum hypertrophy and uncovertebral joint hypertrophy, autofusion and degenerative arthropathy extending from T12 all the way to the sacrum, muscle spasm, limitation of motion, ankylosis, pronounced appearance of stoop, spinal stenosis, instability, and functional impairment due to pain.

The Board found that the veteran's bronchial asthma did not warrant an evaluation in excess of 30 percent, and his lumbosacral strain was rated as 10 percent disabling. The appeal is denied.