Sleep apnea decisions — 2009

The Veteran's claim for an increased evaluation of his low back disorder was denied, as the condition does not meet criteria for a higher rating. The claim for special monthly compensation based on loss of use of both lower extremities was also denied.

The Veteran's claims for service connection for a lumbosacral strain and limitation of motion in the right wrist were denied as there is no medical evidence that she currently suffers from these disabilities, nor is there evidence linking them to her active service.

The Veteran's ratings for his low back disability and associated pain and numbness of the left lower extremity were reduced from 60 to 20 percent, and from 10 to zero percent respectively. The decision is mixed as some issues are granted while others are denied.

The Board has determined that the Veteran's undiagnosed illness manifested by sensitivity to petroleum products and profuse sweating is causally related to his active service. The criteria for establishing service connection for sinusitis, hiatal hernia with GERD, and sleep apnea have not been met.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's claims for increased evaluations and service connection were denied. The Board found that the evidence did not meet the criteria for an increased evaluation or service connection.

The Veteran's claim for a higher rating for his degenerative disc disease of the lumbosacral spine was denied as there is no evidence of unfavorable ankylosis or incapacitating episodes warranting prescription bed rest by a physician. The current 40 percent rating remains in effect.

The Veteran's claims for increased ratings are being remanded due to the need for additional examinations and evaluations.

The Veteran's claim for an increased evaluation of his service-connected lumbosacral strain with disc syndrome is being remanded due to the need for additional development, including VCAA compliance and obtaining VA treatment records.

The Veteran's appeal involves staged ratings for his service-connected left hip disability, right hip disability, and lumbosacral strain with degenerative changes. The RO must remand the case to ensure proper development of the claims file and provide the Veteran with VCAA compliant notice.

The Board has determined that service connection is warranted for a right elbow disorder and nonallergic rhinitis (sinus disorder), but not for the claimed bilateral knee disorders, cervical spine disorder, lumbosacral spine disorder, left hip ganglion cyst, left foot disorder, right ankle disorder, head concussion injury residuals, or vertigo.

The Veteran's low back disability is rated at 40 percent since October 17, 2001 (the date of filing), and a separate rating of 30 percent for associated right leg radiculopathy has been assigned.,He was previously granted an increased rating to 20 percent in June 2002.

The Board has granted service connection for a low back disorder, cervical spine disorder, and bilateral knee disorder. The Veteran's PTSD remains at a 30 percent rating.

The Board found that the Veteran's sleep apnea and PTSD were not incurred or aggravated during his active service, and thus denied both claims.

The Board found that the Veteran's service-connected disabilities did not cause his death or contribute substantially to it. The cause of death, asphyxia due to drowning, was unrelated to active duty service.

The Veteran's congenital retinitis pigmentosa was aggravated by the conditions of his military service, and he is therefore entitled to service connection for this condition.

The Veteran's claims for increased ratings were denied. The VA determined that the evidence did not meet the criteria for a higher disability rating under any applicable diagnostic codes.

The Veteran has withdrawn his appeal regarding the claim of service connection for sleep apnea, which was secondary to service-connected PTSD. As a result, this issue is dismissed without prejudice.

The Veteran's lumbosacral strain has been rated at 10 percent since March 13, 2006. The Board found that a higher rating is not warranted as his forward flexion of the thoracolumbar spine was normal (90 degrees) and there was no additional functional loss with repetitive motion.

The Veteran's appeal is being remanded to allow for a statement of the case on his claim for service connection for a lumbosacral herniated nucleus pulposus. The hearing loss in the right ear issue will be addressed after a VA examination.