Sleep apnea decisions — 2008

The Board has granted the veteran's claim for SMC based on the need for aid and attendance or being housebound, finding that his service-connected disabilities result in him needing regular aid and assistance.

The veteran's claim for nonservice-connected pension is being remanded due to the need for additional evidence regarding his employment status and medical records.

The VA determined that the veteran's lumbosacral strain with degenerative disc disease warrants a 40 percent evaluation, effective from the date of the September 2006 rating decision.

The Board has remanded the case for further development due to a need for updated examination and additional records.

The Board denied the veteran's claims for service connection for bilateral knee sprain and an initial rating in excess of 20 percent for lumbosacral strain. The veteran's lumbosacral strain is currently rated at 20 percent under DC 5237, effective April 2003.

The Board has granted service connection for interstitial myofibromas of the left and right legs, finding that there is at least equipoise evidence regarding whether these conditions are related to exposure during Project SHAD. Service connection for sleep apnea was denied due to lack of competent evidence linking it to service. The veteran's diabetes mellitus remains service connected with a 20% rating.

The Board denied the veteran's claims for an earlier effective date for a 10% evaluation for lumbosacral strain with degenerative disk and joint disease, as well as his claim for a compensable evaluation for hemorrhoids. The issue of service connection for residuals of pneumonia (also claimed as pleurisy and residuals of blood clot) was also addressed but the veteran did not pursue this claim.

The veteran's claim for an increased rating for his service-connected lumbar injury with lumbosacral degenerative disc disease was denied. The RO found that the veteran's orthopedic manifestations did not warrant a higher than 20 percent rating, and only mild sciatic peripheral neuropathy of each lower extremity warranted separate no more than 10 percent ratings.

The Board has granted a 40 percent rating for the veteran's service-connected lower spine disorder, effective December 26, 2007. The veteran also maintains his claim for TDIU.

The veteran's appeal is being remanded for additional development, including obtaining current VA medical records and scheduling a VA examination of his spine.

The veteran's back condition is currently rated at 60 percent, and his sexual dysfunction claim was denied.

The Board has determined that the veteran is able to secure and follow a substantially gainful occupation due to his service-connected lumbosacral strain with lumbar spondylosis status post L4-L5 diskectomy, foraminotomy, medial facetectomy, hemilaminectomy. Therefore, the criteria for termination of TDIU have been met.

The Board has granted service connection for sleep apnea due to undiagnosed illness incurred during active military service in the Southwest Asia theater of operations, including Gulf War service. The veteran's symptoms have been manifested to a degree of at least 10 percent since his return from service.

The Board denied the veteran's claims for increased evaluations for his PTSD and lumbosacral spine disability, finding that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The veteran's claim for increased ratings for his service-connected lumbosacral strain with degenerative joint disease and degenerative disc disease of the lumbar spine was denied. The RO found that there is no evidence of complaints or treatment for a low back disorder prior to November 1, 2005, and did not meet criteria for higher ratings from November 1, 2005, to December 20, 2006, nor since then.

The veteran is seeking service connection for sleep apnea and to reopen his claim of diabetes mellitus. The case needs further clarification regarding the units he served with in the National Guard, as well as treatment records from those periods.

The veteran seeks service connection for multiple conditions, including a skin rash, left knee disability, gastroesophageal reflux disease, sleep apnea, and low back pain. The case is being remanded to obtain additional VA treatment records.

The Board has determined that the veteran's sleep apnea began during his active duty service and is therefore granted service connection.

The Board denied service connection for a right knee or leg disability, degenerative joint disease of the right ankle, and degenerative joint disease of the low back. The veteran's assertions were not considered competent evidence to establish a nexus between his current conditions and active service.

The Board found that the veteran's lumbosacral strain does not meet or approximate the criteria for a disability rating higher than 20 percent, as his range of motion did not reach 30 degrees or less and he did not have ankylosis.