Sleep apnea decisions — 2008

The Board denied the veteran's claims for service connection for PTSD, lumbar spine disability, headaches, upper respiratory disability, bilateral foot disorder, and OSA. The veteran was also denied entitlement to special monthly pension on account of being housebound or in need of aid and attendance due to his disabilities.

The Board denied the veteran's claims for higher initial ratings for his right knee synovitis, left metacarpal fracture, lumbosacral spine degenerative changes, and right eye orbital zygomaticomaxillary fracture with coronal rupture. The RO initially assigned a 10 percent rating for the lumbosacral spine disability and zero percent (i.e., noncompensable) evaluations for the other disabilities.

The Board denied the veteran's claims for service connection for a disability manifested by right arm pain, and for increased ratings for lumbosacral strain, left hip bursitis, left patellofemoral syndrome, hyperextension injury residual bursitis of the right shoulder, and tooth extraction residual paresthesia of the left bottom lip. The veteran's service connection claim was denied as there is no evidence of a current chronic disability entity manifested by right arm pain. Increased ratings were also denied for all issues.

The Board has determined that the veteran's lumbosacral strain warrants a 20 percent disability rating prior to March 29, 2007 and an initial staged disability rating of 20 percent from March 29, 2007.

The veteran seeks an increased rating for his service-connected low back disability, which the Board has remanded to determine if an extraschedular rating is warranted.

The Board has determined that additional development is necessary before a decision can be made on the veteran's claims for increased ratings and service connection.

The Board has granted the veteran's claim for service connection for sleep apnea, finding that there is competent medical evidence linking his current condition to his military service.

The veteran's claim for benefits under 38 U.S.C.A. § 1151 is denied as there is no evidence of additional disability resulting from VA treatment in 1996.

The Board has granted an initial rating of 30 percent for post-traumatic headache disorder, effective from July 2004. Service connection was denied for degenerative disc disease of the lumbosacral spine.

The Board has determined that the veteran's claimed conditions, including bilateral hearing loss, right and left shin disorders, and lumbosacral strain, are not service-connected as they were not incurred or aggravated during active duty.

The Board has determined that new and material evidence has not been submitted to reopen the claim of service connection for lumbosacral strain with degenerative joint disease.

The Board granted a 40 percent disability rating for the veteran's low back disability and denied an increased rating for his schizophrenia. The low back disability is rated based on its functional impairment, while the schizophrenia is rated under general diagnostic criteria.

The veteran's claim for payment or reimbursement of unauthorized medical services provided by Altru Hospital on December 19, 2003 and December 28, 2003 is granted as the treatment was for a service-connected disability (obstructive sleep apnea and chronic sinusitis), there was an emergency situation, and VA facilities were not feasibly available.

The VA determined that the veteran's lumbosacral strain disability, characterized by pain and limited motion, did not meet or exceed the criteria for a higher rating than 40 percent.

The veteran's claims for PTSD, onychomycosis of toenails, sinusitis, and pain and stiffness in joints with swelling and cramps involving the left lower extremity were all denied. The appeal is not about service connection at all.

The Board has granted service connection for bilateral knee disorder and low back disorder secondary to service-connected pes planus, but denied service connection for sleep apnea.

The Board has granted a 10 percent disability evaluation for the veteran's service-connected pseudofolliculitis barbae, herpes zoster, rosacea, acne vulgaris, and eczema as of July 12, 2007.

The veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development of his medical records.

The veteran's service-connected disabilities, including traumatic osteoarthritis of the thoracic and lumbosacral spine and degenerative arthritis of the cervical spine, are rated at a combined 50 percent. The Board has granted a total disability evaluation on the basis of individual unemployability due to these service-connected conditions.

The Board has remanded the case for further examination and review of the claims, including a hearing before the Board.