Sleep apnea decisions — 2009

The Board found that the Veteran's current hearing loss, hypertension, sleep apnea, erectile dysfunction (ED), and gastro-esophageal reflux disease (GERD) were not incurred in or related to service. The claims for these conditions are therefore denied.

The Board has granted service connection for hypertension and cardiac hypertrophy as secondary to the Veteran's service-connected lumbar spine disability, a 100 percent schedular rating for unfavorable ankylosis of the entire spine, and special monthly compensation based on the need for regular aid and attendance. The other claims have been denied.

The Board has determined that the Veteran's sleep apnea did not manifest during or as a result of his military service, including his service in Southwest Asia. Therefore, he is not entitled to service connection for this condition.

The Veteran's claims for service connection were denied as there was insufficient evidence to verify his claimed in-service stressors, and the Board found that he did not engage in combat with the enemy. The lower extremity conditions are considered direct service connection cases.

The Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment, and therefore his claim for a total disability rating based on individual unemployability due to service-connected disabilities is denied.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence of chronic sinusitis, and the Veteran's left forearm shrapnel wound residuals did not meet criteria for a higher rating prior to June 27, 2008 or from that date forward. The right buttock cyst removal scar and left foot wart removal scars were not shown to be disabling enough to warrant compensable ratings. The lumbosacral spine disability was found to not warrant an increased rating.

The Veteran's appeal is being remanded due to inadequate medical opinions regarding the relationship between his service-connected left foot disability and his current right foot, back, and knee disorders.

The Board denied service connection for lumbosacral strain, cervical spine arthritis, and right knee arthritis as secondary to a service-connected disability.

The Board denied the Veteran's claim to reopen his service connection for retinitis pigmentosa, finding that new and material evidence had not been received.

The Veteran's service-connected lumbar spine disability is currently rated at 20 percent, and his cervical spine disability remains at a 10 percent rating. The Board found that the Veteran's lumbar spine disability warranted a higher rating based on limitation of motion.

The Veteran's claim for a higher rating for his service-connected low back disorder was denied. The Board found that the evidence did not support an evaluation in excess of 40 percent, as there were no findings of incapacitating episodes or ankylosis.

The Board has determined that the Veteran's claimed conditions are not related to his period of active military service, including exposure to Agent Orange. Service connection for all issues is denied.

The Veteran's claims for effective dates and increased rating have been granted. Effective August 16, 1996, the Veteran was granted service connection for degenerative joint disease of the lumbosacral spine with an initial rating of 20 percent. The claim for COPD has a retroactive effective date of August 1, 1994.

The Veteran's lumbosacral strain is currently rated at 20 percent disabling, effective April 18, 2001. The Board finds that the criteria for a higher rating are not met.

The Board denied the Veteran's claims for service connection for lumbosacral arthritis, bilateral hip arthritis, and osteoporosis of the back. The claim for an evaluation in excess of 20 percent for limitation of motion of the left knee with osteoarthritic changes was also denied.

The Veteran's appeal for an increased rating in excess of 20 percent for his service-connected lumbosacral strain has been dismissed due to the death of the appellant.

The Board has determined that the Veteran's low back and bilateral knee disabilities are related to service, granting her claims for these conditions.

The Veteran's claim for an increased rating for his post-operative residuals of degenerative disc disease of the lumbosacral spine was denied as there is no legal merit or lack of entitlement under the law. His claim for an earlier effective date for the assignment of a higher rating also failed due to absence of legal merit or lack of entitlement under the law.

The Veteran's claim for an initially compensable evaluation for status post fusion scars, midline low back and posterosuperior iliac crest associated with degenerative disc disease of the lumbosacral spine status post plates with screws at L4-5 and L5-S1 was denied. The Board also found that service connection for PTSD, a bilateral hip disorder, and a bilateral knee disorder is not warranted as secondary to a service-connected low back disability.