Sleep apnea decisions — 2009

The Board denied a rating in excess of 60 percent for the Veteran's service-connected lumbosacral strain with degenerative disc disease, finding that the evidence did not show an exceptional or unusual disability picture with marked interference with employment or frequent periods of hospitalization.

The Veteran's service-connected lumbosacral strain, right knee disability, and reactive airway disease were granted with the assigned ratings.

The Veteran's claims for service connection on multiple conditions are being remanded due to the need to obtain additional VA treatment records.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's claim for a TDIU rating is being remanded due to the need for additional medical examination and opinion regarding his employability.

The Board has remanded the Veteran's claims for hypertension and sleep apnea to obtain clarification on whether he was on Active Duty Training (ACDUTRA) in June 2002 when diagnosed with hypertension, and to determine if his pre-existing sleep apnea worsened during his second period of active duty service from October 2003 to July 2004.

The Veteran seeks an increased rating for his service-connected lumbosacral strain with herniated nucleus pulposus. The Board has remanded the case to determine if there are any additional issues related to urinary and bowel incontinence, which may be a result of his service-connected back disability.

The Veteran's claims for increased evaluations for lumbosacral strain and bilateral hearing loss were denied. The Board found that the current ratings adequately reflect the severity of his service-connected conditions.

The Veteran's service-connected degenerative arthritis of the lumbosacral spine and right hip have been rated at their maximum allowable levels, with no further increase in rating granted.

The Veteran's arthritis of bilateral knees is not service-connected, and his lumbosacral spine disorder has been rated at 10% since July 2003. The claim for a separate rating for arthritis was denied.

The Board found that the Veteran's skin disorder of the face, claimed as residuals of burns including rosacea, was not incurred in or aggravated by active service. The Board also found that depression did not manifest during service and is not causally related to or aggravated by any service-connected disability.

The Veteran's lumbosacral strain is rated at 20 percent, the highest available rating under VA guidelines for this condition. The other two issues (plantar fasciitis and right foot bunion) are not addressed as they were not part of the appeal.

The Veteran's claim for service connection for lumbosacral spine spondylosis of L4-L5, with degenerative facet joints of L5-S1 is being remanded due to the need for a hearing before a Veterans Law Judge.

The Veteran's claims for increased ratings for his left knee and low back disabilities were denied. The left knee disability was rated at 10 percent, while the low back disability received a noncompensable rating prior to October 7, 2008, but was later granted a 10 percent evaluation effective from that date.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance has been granted due to his service-connected disabilities that make him unable to care for himself or protect himself from daily hazards.

The RO reduced the Veteran's evaluation for lumbosacral strain with degenerative joint disease and degenerative disc disease from 40 percent to 10 percent effective July 1, 2006. The reduction was proper as it followed procedural requirements and there was evidence of improvement in the Veteran's symptoms.

The Board has determined that new and material evidence has not been submitted to reopen the claims for service connection for the cause of the Veteran's death and DIC benefits under 38 U.S.C. § 1318.

The Veteran's appeal for service connection for sleep apnea has been dismissed due to the death of the appellant.

The appellant has withdrawn his appeal, citing the award of a total disability rating based on individual unemployability (TDIU). As there are no remaining issues for appellate consideration, the appeal is dismissed.