Sleep apnea decisions — 2008

The veteran's claim for special monthly compensation based on aid and attendance and/or housebound status is being remanded due to the need for additional development, including a new VA examination.

The Board has determined that the veteran's lumbosacral disc disease warrants a 10 percent evaluation, effective from August 9, 2004.

The Board found that the evidence does not support a finding of service connection for sleep apnea as secondary to PTSD with anxiety disorder. The rating for PTSD with anxiety disorder was also denied, as there is no showing of occupational and social impairment warranting higher ratings.

The Board has determined that the veteran does not have headaches associated with voices as a residual of head injury, nor does he have sleep apnea and asthmatic seizures that are related to active service.

The Board denied the veteran's claim for an increased rating for his service-connected lumbosacral strain, finding that the evidence did not show a worsening of his condition or any additional functional impairment due to intervertebral disc syndrome.

The Board has determined that the veteran's sleep apnea and paroxysmal atrial fibrillation, status post aortic valve replacement, are at least as likely as not caused by his service-connected facial asymmetry with left sided paresthesia. Therefore, these conditions have been granted service connection.

The veteran's claims for increased ratings and TDIU were denied. His low back disorder was rated as 10 percent prior to February 8, 2007, and 20 percent since then. The fungus of the feet did not meet criteria for a compensable rating.

The Board denied a higher rating for the veteran's degenerative joint and disc disease of the lumbosacral spine, but granted separate ratings for radiculopathy in each lower extremity.

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

The Board has determined that there is no current evidence of a chronic sleep disorder or skin disorder related to service. The veteran's hyperlipidemia was not shown to be incurred in service, and his foot fungus was first noted many years after service discharge without any inservice treatment records. Service connection for diabetes mellitus with subjective neuropathy of the lower extremities is granted but at a 20% rating.

The veteran's sleep apnea, status post uvulopharyngo-palatectomy, was rated as noncompensable prior to April 1, 2004 and increased to 30 percent from April 1, 2004. Effective October 11, 2006, the veteran is entitled to a 50 percent disability rating for sleep apnea.

The veteran's appeal is being remanded for further development, including obtaining SSA records and arranging for a VA examination to determine if the veteran has a current sleep disability related to his active duty service.

The veteran's claims for service connection for GERD, angiodysplasia (claimed as a stomach condition), tonsillitis, right posterior scalp fungated lesion, and color blindness in both eyes have been denied. The veteran is entitled to an initial compensable disability rating for paresthesia of gingiva mucosa of the lower left side and vitreous floaters.

The Board found new and material evidence to reopen the claim, but denied service connection for a low back disorder due to lack of a link between in-service treatment and current disability.

The veteran's claims for increased ratings were denied, but he was granted a compensable rating (10%) for his bilateral callosities. His claim for the lumbosacral spine remains pending.

The veteran's appeal has been dismissed as he withdrew his appeals for the issues of whether new and material evidence had been submitted to reopen claims for service connection for degenerative joint disease and degenerative disc disease of the lumbosacral spine, rotator cuff tear and degenerative joint disease of the left shoulder, and degenerative joint disease of the right acromioclavicular joint.

The veteran's claim for an initial rating in excess of 60 percent for residuals of a lumbosacral spine was denied. The disability is currently rated at 60 percent.

The Board denied increased ratings for chronic lumbosacral strain and service connection for bilateral hip, knee, and foot disorders. The veteran's muscle disorder of the lower extremities was also not granted service connection.

The Board has determined that the veteran does not have any current diagnoses of headaches, TMJ, sleep disorders, low back pain, or liver disorder. The evidence does not support a finding that these conditions are related to service or exposure to Agent Orange.

The Board has remanded the case for further development to determine if service connection can be granted for sleep apnea, obstructive lung disease, and costochondritis.