Sleep apnea decisions — 2009

The Board concluded that the preponderance of the evidence is against the Veteran's claims for service connection for sleep apnea, headaches, and bilateral wrist strain.

The Veteran's disabilities do not meet the criteria for special monthly pension based on a need for regular aid and attendance or due to housebound status.

The veteran's cervicodorsolumbosacral strain is manifested by no more than mild limitation of motion in any segment, and no significant neurological deficits; but with complaints of pain, sometimes significant. The patellar tendinitis of the left knee is manifested by complaints of pain at times reported to be severe; objectively the evidence shows no compensable limitation of motion and no instability.

The veteran's vocational goal of becoming a chef or obtaining a job in the field of culinary arts is suitable and reasonably feasible.

The veteran's back disability was rated at 40 percent for the period from December 4, 1998 to September 9, 2001, and the rating remained at 40 percent thereafter.

The Board denied an increased evaluation for the Veteran's lumbosacral strain disability, finding that the evidence did not support a higher rating.

The Board denied an initial rating in excess of 10 percent for lumbosacral spine degenerative changes for the period prior to January 9, 2003, and in excess of 20 percent for the period beginning January 9, 2003.

The Board denied the Veteran's appeal for restoration of a 20 percent disability rating and an increased rating for his right shoulder disability, as well as service connection for degenerative joint disease of the lumbosacral spine.

The Veteran's PTSD was rated as 50 percent disabling, effective August 18, 2003.

The Board denied a rating higher than 40 percent for the low back disorder but granted separate 10 percent ratings for incomplete paralysis of the sciatic nerve in both lower extremities.

The appeal was remanded to the RO for further development and review of the case, including allowing the Veteran's authorized representative to address the Veteran's request for a Travel Board hearing.

The Board denied service connection for the cause of the Veteran's death and entitlement to DIC under 38 U.S.C. § 1318, as there was no evidence that the Veteran's osteosarcoma was related to his military service or any service-connected disability.

The appeal was denied as the Veteran did not provide new and material evidence to reopen his claim for service connection for right knee osteoarthritis, and there is no evidence that the Veteran's right knee or lumbosacral spine arthritis are related to his service-connected left knee disability.

The Veteran's bilateral patellofemoral syndrome is service-connected. The other issues remain pending further development.

The Board denied service connection for gastroesophageal reflux disease as it was not etiologically related to the Veteran's active service.

The appeal was dismissed due to the Veteran's death.

The Board denied service connection for sleep apnea and denied increased ratings for peripheral neuropathy in all extremities, finding the evidence did not support a higher rating or service connection.

The Veteran's left foot disorder was aggravated during periods of ADT and INADT, but chronic lumbosacral strain is not shown to be the result of any disease or injury incurred in or aggravated during ADT or INADT.

The Board denied service connection for carpal tunnel syndrome with median neuropathy and seborrheic dermatitis and rosacea as they were not shown to be due to an event or incident during the Veteran's period of active service, nor was there evidence of exposure to herbicides that could have caused these conditions.

The Board denied the claim for service connection for bilateral hearing loss due to a lack of evidence showing that the Veteran's current hearing loss disability is related to his military service.