Sleep apnea decisions — 2008

The veteran's service-connected disabilities do not render him permanently bedridden, and he is not confined to his home by the service-connected disabilities. Therefore, special monthly compensation based on the need for regular aid and attendance or housebound status is denied.

The Board has determined that the veteran's testicular nodule, cervical radiculopathy, peripheral neuropathy, sleep apnea, anemia, periodontitis, hemorrhoids, depression (related to PTSD), migraine headaches, and carpal tunnel syndrome are not related to his active service. However, the veteran's depression is related to his service-connected PTSD.

The Board denied the veteran's claim for a disability rating in excess of 40 percent for lumbosacral strain, as the evidence did not support an increase.

The veteran's service-connected degenerative disc disease of the lumbosacral spine and sacroiliitis is rated at 40 percent, and service connection for sciatica of the left lower extremity was granted.

The veteran's claims for service connection for recurrent pelvic pain and thoracic scoliosis/lumbosacral pain were remanded to the RO for further development, including a VA examination.

The Board found no clear and unmistakable error in the July 14, 1988, rating decision that denied service connection for retinitis pigmentosa. The RO correctly applied the relevant statutes and regulations to the facts at hand.

The veteran's right total knee arthroplasty residuals and right thigh gunshot wound residuals with Muscle Group XIII injury were granted increased evaluations to 60 percent and 40 percent, respectively. The lumbosacral spine degenerative joint disease was denied an increase in evaluation.

The veteran's current insomnia had its onset in service, and the evidence supports a direct link to his military service. However, there is no evidence that sleep apnea was incurred during or as a result of Agent Orange exposure.

The Board remands the case for additional development, including obtaining outstanding medical records and providing adequate notice to the veteran.

The Board denied service connection for the veteran's claimed conditions, finding that there was no evidence to support a causal or etiological relationship between any of these conditions and her military service.

The veteran's lumbosacral strain, claimed as a back injury, was aggravated by service.

The veteran's lumbosacral and thoracic strains were rated at 10 percent, with no higher ratings assigned for the periods considered.

The Board remands the appeal as to the issues of a current evaluation in excess of 30 percent for the veteran's service-connected left shoulder disability, as well as an increased rating for service-connected hiatal hernia with ulcerative esophagitis, and a total disability rating based upon individual unemployability due to service-connected disability.

The veteran's lumbosacral strain with degenerative changes and right shoulder strain were rated at 10 percent, as the evidence did not support higher ratings for either condition.

The Board remands the claims for service connection for sleep apnea and a right knee condition to schedule VA examinations.

The veteran's coronary artery disease, hypertension, and peripheral vascular disease have each been aggravated by his service-connected diabetes.

The Board denied service connection for the postoperative residuals of lumbosacral strain, with degenerative disc disease, as there was no evidence showing that the condition was incurred during or related to active service.

The Board remands the case for an additional VA examination to address inconsistencies in the veteran's range of motion and determine his current disability level.

The Board denied service connection for meningitis, sleep apnea, hypertension, a low back disability, plantar fasciitis, hearing loss, and tinnitus as well as for a respiratory disorder characterized by 'breathing problems' and vertigo, finding no evidence of these conditions during the veteran's active military service or any relationship to her service.

The veteran's degenerative disc disease of the lumbosacral spine was denied an increased evaluation, as the evidence did not support a rating higher than 20 percent.