Sleep apnea decisions — 2009

The Veteran's arthritis of the lumbosacral spine is currently rated at 40 percent, but does not meet the criteria for a higher evaluation due to lack of incapacitating episodes or unfavorable ankylosis. The Veteran's TDIU claim was also denied.

The Veteran's claim for an increase in the evaluation of his service-connected lumbosacral strain with degenerative disc disease was granted, and he is now receiving a 40 percent evaluation effective from July 31, 2000.

The Veteran's appeals for increased ratings on several service-connected disabilities have been withdrawn. The Board does not have jurisdiction to decide these claims.

The Veteran's service-connected dermatitis has not required systemic therapy and involves less than 20 percent of his total body area or exposed surface area, thus the claim for a higher rating is denied.

The Board has reopened the claim of service connection for degenerative joint and disc disease of lumbosacral spine as secondary to service-connected disability of the right knee. The evidence submitted since May 2002 is new and material, raising a reasonable possibility of substantiating the claim.

The Board denied the claim of service connection for the cause of the Veteran's death, finding that his service-connected disabilities did not contribute to his death.

The Board denied the Veteran's claims for service connection for sleep apnea, vertigo, adenocarcinoma of the prostate, and erectile dysfunction. The Board found that there was no evidence to support a finding that these conditions were related to his military service or exposure to herbicide agents.

The Board has remanded the case for additional development, including a VA examination to assess whether the Veteran's service-connected disabilities alone would cause him to be unemployable. The appeal is now pending again with the AMC/RO.

The Board found that the Veteran's retinitis pigmentosa did not exist prior to service and was not aggravated during service. Therefore, it denied the claim for service connection.

The Board has remanded the Veteran's claims for further development due to inadequate VA examinations.

The Board has determined that the Veteran's lumbosacral spine disability was not incurred in or aggravated by active service, and his migraine headaches are not secondary to a service-connected condition. The claim for service connection is therefore denied.

The Veteran's cold weather injuries to hands were found to be related to service, and he is granted service connection for this condition.

The Veteran's service-connected disabilities do not render him unemployable due to his service-connected conditions, as he is currently enrolled in full-time college and has a high school education with one year of college. His service-connected disabilities do not prevent him from securing or following a substantially gainful occupation.

The Veteran's intervertebral disc syndrome of the lumbosacral spine warrants a 40 percent rating for impairment of the spine, and separate 20 percent ratings for neurological impairment in both lower extremities.

The Veteran's claim for service connection for a lumbosacral disability and bilateral lower extremity peripheral neuropathy has been granted. His claims for bilateral hearing loss and tinnitus have also been granted.

The Board has granted service connection for numbness in the legs as secondary to the Veteran's service-connected lumbosacral spine disorder. The rating of 20% for the lumbosacral spine disorder remains unchanged.

The Veteran's service-connected disabilities alone do not prevent him from securing or following substantially gainful employment.

The Veteran's claims for service connection for a personality disorder and sleepwalking disorder are denied as the conditions do not meet the criteria for VA compensation benefits.

The Board found that the Veteran's service-connected lumbosacral strain warranted a rating of 20 percent, and granted a separate 10 percent rating for neurological manifestations in his right lower extremity. The claim for left wrist disorder was denied.

The Board denied entitlement to an extraschedular evaluation for chronic lumbosacral strain and the residuals of a compression fracture of the T-12 vertebra, finding that the available schedular evaluations adequately described the Veteran's disability level.