Sleep apnea decisions — 2009

The Board has restored the Veteran's original 20 percent ratings for his service-connected left and right knee disabilities, as well as granted service connection for sleep apnea based on aggravation during his third period of active duty.

The Veteran's chronic headaches, obstructive sleep apnea, and right inguinal hernia were all incurred during his period of active service from February 2003 to August 2004. Service connection is granted for these conditions.

The Board found that the appellant's claimed conditions are proximately due to or aggravated by service-connected polio and post-polio syndrome (PPS). As a result, these conditions have been granted as secondary to service-connected disability.

The Veteran's appeal is remanded for additional development, including scheduling a VA examination to assess the current status of his service-connected cervical and lumbosacral spine disorders.

The Veteran's cervical strain was rated at 20 percent effective March 3, 2004.,A separate rating of 20 percent for radiculopathy of the right upper extremity is granted beginning September 2009.,Lumbosacral strain remains rated at 40 percent. A separate rating of 10 percent for radiculopathy of the right lower extremity is also granted.

The Board has remanded the case due to incomplete service treatment records and further efforts are required to obtain these records.

The Veteran's appeal is being remanded for additional development to assess the severity of his low back disability and psychiatric conditions, including obtaining medical records and conducting examinations. The TDIU claim will be deferred pending completion of this additional development.

The Veteran's unauthorized medical expenses incurred on May 17, 2008 were for a medical emergency of such severity that delay would have been hazardous to his health. The closest VA facility was not feasibly available due to the Veteran's inability to drive.

The Veteran's service-connected disabilities, including PTSD, diabetes mellitus, and a scar from a shell fragment wound, have resulted in a combined rating of 70 percent. The Board has granted the Veteran's TDIU claim based on these service-connected conditions.

The Board has remanded the case for additional development, including obtaining medical records and arranging for examinations to determine the nature and severity of the Veteran's psychiatric disorder and lumbosacral spine disability.

The Board has remanded the case due to an issue of CUE in a 1993 rating decision and the need for additional development.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claim for service connection for congenital pars defect, L5-S1, with low back pain, grade I spondylosis of the lumbar spine. The RO denied this claim in January 2004 due to a lack of evidence showing that the condition was caused by or aggravated by military service. For the other two issues, the Board has not made a determination on whether new and material evidence has been submitted.

The Board found that retinitis pigmentosa was not incurred in or aggravated by service and denied the claim.

The Veteran's claims for increased rating and service connection were denied. The Board found that the right foot fracture did not warrant a compensable initial rating, left foot fracture was not shown to be related to service or service-connected conditions, bilateral pes planus was not shown to be related to service or service-connected conditions, and low back disability was not shown to be caused by service or service-connected conditions.

The Veteran's appeal of the issue of entitlement to special monthly compensation based on aid and attendance at a housebound rate has been withdrawn. The Board is dismissing this issue as it pertains to the remaining issues, which are being remanded for further development.

The Veteran's tinea pigmentosa and residual scar due to removal of a cyst from the left knee have been rated appropriately with an initial compensable rating for tinea pigmentosa and a 10 percent rating for the residual scar.

The Veteran's service-connected low back syndrome with multi-level osteoarthritis of the lumbosacral spine was granted a 40 percent rating effective May 12, 2009.

The Board found no evidence of a current disability related to service and denied the Veteran's claims for service connection for obstructive sleep apnea with daytime hypersomnolence and narcolepsy, as well as fibromyalgia.

The Board has determined that the Veteran's sleep apnea is not related to his military service and therefore denied his claim for service connection.

The Veteran's claim for an increased rating for his service-connected lumbosacral spinal stenosis was denied as the evidence did not show any additional impairment warranting a higher rating.