Sleep apnea decisions — 2008

The veteran's perioral dermatitis was not aggravated during active service, but acne rosacea with telangiectatic component is considered to have been incurred in active service.

The veteran's bronchial asthma was rated at 30 percent prior to October 26, 2006, and increased to 60 percent from that date. The lumbosacral strain did not warrant a rating in excess of 10 percent.

The veteran withdrew her appeals for service connection and increased ratings, resulting in the dismissal of all claims.

The Board granted a 20 percent rating for degenerative disc disease of the cervical spine, but denied an increased rating in excess of 20 percent for degenerative disc disease of the lumbar spine.

The veteran's lumbosacral disc disease did not meet the criteria for a higher evaluation during the periods in question.

The veteran's claims for initially compensable evaluations for right knee tendonitis, lumbosacral strain, sinusitis, and hypertension are being remanded for additional VA examinations to determine the current severity of these service-connected conditions.

The Board concludes that the evidence is at least evenly balanced as to whether the veteran's lumbosacral spine disc disability is related to service, and therefore, service connection is warranted.

The veteran's claims for service connection for hypertension and sleep apnea were denied, while his PTSD was rated at 50 percent. No TDIU was granted.

The veteran's lumbosacral sprain is related to his active military service.

The Board remanded the claim for further development, specifically to clarify whether the veteran's lumbosacral spine disorder was incurred or aggravated by military service.

The Board denied service connection for heart disease, hypertension, and sleep apnea as they were not caused or aggravated by the veteran's service-connected diabetes mellitus.

The Board denied service connection for sleep apnea, left elbow disability, right big toe disability, and left knee disability as there was no evidence of these conditions during service or a link to service.

The veteran's service-connected disabilities do not meet the criteria for special monthly compensation based on the need for aid and attendance or financial assistance for an automobile or adaptive equipment.

The Board denied a higher rating for the veteran's arrested tuberculosis of the lumbosacral spine with residual surgical fusion, finding that the evidence did not support a rating in excess of 50 percent from June 19, 2003, to September 10, 2003, and did not warrant a rating in excess of 40 percent since November 5, 2003.

The Board found that the evidence did not support an evaluation in excess of 20 percent for lumbosacral strain or 10 percent for appendectomy scar, and a compensable evaluation under 38 C.F.R. § 3.324 was precluded as a matter of law.

The veteran's claims for an increased rating for chronic fatigue syndrome and special monthly compensation based on the need for aid and attendance or housebound status are being remanded to obtain additional evidence.

The veteran's sleep apnea has consistently required the use of a nasal continuous positive airway pressure (CPAP) mask, but it has not resulted in chronic respiratory failure, carbon dioxide retention, or cor pulmonale and has not required a tracheostomy. Therefore, an initial compensable rating for this condition is denied.

The veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for further development.

The Board denied the veteran's claims for service connection for lumbosacral strain, anterior cruciate ligament strain of the right knee, and medial collateral ligament strain of the left knee as there was no evidence that these conditions were related to her military service.

The Board remands the veteran's claim for service connection for obstructive sleep apnea to obtain an addendum opinion regarding the etiology of the condition, specifically addressing in-service smoke exposure.