Sleep apnea decisions — 2008

The Board has determined that the appellant's retinitis pigmentosa first manifested during his period of active service and is therefore granted service connection.

The Board has granted the veteran's claim for a total disability rating based on individual unemployability due to his service-connected disabilities, which prevent him from securing or following substantially gainful employment.

The veteran's claim for special monthly compensation (SMC) based on loss of use of a hand or foot is being remanded due to the need for an examination to determine if his service-connected PTSD with pain disorder and associated psychologic factors results in current loss of use of a hand or foot.

The veteran has withdrawn his appeals for the increased evaluations of degenerative disc, lumbosacral spine with scoliotic deformity and spondylolisthesis L5 on S1, right sciatica, and osteoarthritis of the cervical spine.

The Board has denied the veteran's claims for increased ratings for his service-connected lumbosacral strain and postoperative acromioclavicular separation of the left shoulder with degenerative changes, finding that the evidence does not support a higher rating based on current symptoms.

The Board found that the appellant does not have a hearing loss disability for VA compensation purposes and did not find service connection for exogenous obesity, sleep apnea, hypertension, or hypogonadism due to lack of evidence linking these conditions to service.

The VA determined that the veteran's sleep apnea requires a CPAP machine but does not meet the criteria for a higher rating as it has not resulted in chronic respiratory failure or necessitated a tracheostomy.

The Board has denied the veteran's service connection claims for hypertension, gout, lesion of the right oral buccal mucosa, and lipoma of the left shoulder as there is no evidence of these conditions during or within one year after active duty.

The Board has determined that the veteran's service-connected chronic lumbosacral strain with degenerative changes warrants a 10 percent rating, and his mild incomplete paralysis of the sciatic nerve of the right leg warrants a separate 10 percent rating. The veteran is not entitled to higher ratings based on incapacitating episodes or other criteria.

The veteran's claims for increased ratings and effective dates were denied. The RO found that the evidence did not meet the criteria for higher disability ratings under the applicable rating criteria.

The Board has determined that the veteran's sleep apnea was not incurred in service and is not related to his sinusitis. The case is being remanded for further development regarding the rating of PTSD.

The veteran's service-connected disabilities alone do not prevent him from obtaining substantially gainful employment.

The Board denied the veteran's increased rating claim for his lumbosacral spine disability and did not address the earlier effective date issue related to service connection for bilateral hip avascular necrosis with loss of use of both legs.

The veteran's claim for higher ratings for his thoracic and lumbosacral spine disability, GERD, and mouth ulcers was denied. The VA found that the evidence did not support a rating in excess of 10 percent for the back condition.

The Board has remanded the case for further development due to a need for a new VA examination and consideration of all evidence, including the veteran's complaints and his former wife's observations.

The veteran's claims for higher ratings for cervical and lumbosacral spine disabilities, as well as a compensable rating for cutaneous neuritis of the left thigh, were denied. The claim for service connection for migraine headaches was also denied.

The veteran's lumbosacral spine, right knee, and left knee disabilities do not meet the criteria for increased ratings.

The Board has determined that the veteran's degenerative disc disease at L2-3 was incurred in service, and thus grants service connection for this condition.

The Board has determined that the veteran's left knee and lumbosacral spine disabilities do not warrant an evaluation in excess of 10 percent, as there is no evidence of instability or ankylosis. The veteran's symptoms are adequately addressed by the current 10 percent ratings.

The Board found that the veteran's spinal disorders did not warrant a higher rating prior to January 18, 2000. The RO had previously denied increased ratings for cervical and lumbosacral spine conditions in June 1997 and October 1998, respectively. After reviewing medical evidence from January 18, 2000, the RO determined that the veteran's symptoms more nearly approximated the requirements for a 60 percent evaluation.