Sleep apnea Board decisions

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of the issue of entitlement to special monthly compensation based on aid and attendance at a housebound rate has been withdrawn.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.

The Veteran's service connection claims for obstructive sleep apnea, athlete's foot, bilateral hearing loss and hypertension are all granted.

The Board has determined that additional development is needed to determine the Veteran's service connection claims, including verification of his duty status during the alleged in-service injuries and obtaining VA treatment records.

The Veteran's service-connected lumbosacral adhesive arachnoiditis has been rated at 10 percent since July 23, 2004. The RO increased the rating to 20 percent effective February 26, 2009.

Throughout the rating period, the Veteran's low back disability was characterized by moderate limitation of motion. The Board found that this did not warrant a higher initial disability rating.

The Veteran's service-connected lumbosacral strain is currently rated at 40 percent, and the Board found that it does not warrant a higher rating due to lack of ankylosis or significant limitation of motion.

The Veteran's claims for service connection for various conditions, including a chronic chest disorder, total mind and body disorder, rheumatoid arthritis, left foot disorder, and sleep apnea, were denied. The Board found that there was no evidence of current disabilities related to these conditions or exposure to herbicides in Vietnam.

The Veteran's service-connected disabilities, including bilateral shoulder disabilities and sleep apnea, are found to render him unable to secure or follow substantially gainful employment.

The Veteran's service-connected disabilities prevent him from performing functions of self-care and may render him unable to protect himself from hazards or dangers incident to his daily environment. The examination is needed to determine if he requires assistance in bathing, tending to hygiene needs, and whether he is substantially confined to his dwelling.

The Veteran's claim for increased ratings for his service-connected low back disability was denied. The Board found that the evidence did not meet the criteria for a rating in excess of 20 percent prior to June 16, 2008 and did not meet the criteria for a rating in excess of 40 percent from June 16, 2008.

The Board found that the Veteran's sleep apnea was not incurred or aggravated by active military service and denied his claim for service connection.

The Board has determined that a new VA examination is needed to determine the etiology of the Veteran's sleep apnea and whether it is related to active duty service, as well as whether it is secondary to his service-connected PTSD.

The Veteran's service connection claim for CAD, status-post myocardial infarction and coronary artery bypass graft is granted. The claim for sleep apnea requires further development.