Sleep apnea Board decisions

The appeal for an initial increased rating for status post medial meniscus tear and anterior cruciate ligament injury of the right knee was withdrawn, and a 10 percent disability evaluation is maintained for lumbosacral strain with herniated nucleus pulposus.

The veteran's lumbosacral strain was rated at 20 percent, and his left knee disability (including arthritis) remained at 30 percent.

The appeal is remanded for a VA examination and opinion to determine whether the veteran's current sleep disorder may be related to service, as well as review of additional evidence received from the veteran.

The veteran's lumbosacral strain with degenerative joint disease and spondylosis was rated as 20 percent disabling due to moderate limitation of motion with tenderness and spasm in the paraspinous muscles.

The veteran's service connection claims for sleep apnea and a right foot disability were granted based on evidence of in-service symptoms, current diagnoses, and medical opinions linking the conditions to active duty.

The Board finds that the competent medical evidence supports a disability rating of 40 percent for the veteran's arthritis of the lumbosacral spine.

The veteran's claims for increased ratings were denied as he failed to report for a scheduled VA examination without good cause, and the evidence of record does not support higher ratings.

The Board denied service connection for hypertension, sleep apnea, eczema, a knee disorder, right shoulder tendonitis, and joint stiffness due to undiagnosed illness. The appellant's PTSD was rated 70 percent effective February 20, 2004, with an additional increase to 100 percent as of December 31, 2007, for the migraine headache disability prior to June 9, 2005, and a non-compensable evaluation thereafter.

The Board denied service connection for sleep apnea, and granted a 100 percent rating for coronary artery disease (CAD) with hypertension effective February 14, 2006. The claims for service connection for adenocarcinoma of the prostate, ED, and vertigo were deferred due to a stay imposed by the Secretary of Veterans Affairs.

The appeal was denied as there is no competent medical evidence of a nexus between the veteran's sleep apnea and his military service, and the PTSD symptoms do not meet the criteria for a rating higher than 30 percent.

The Board grants the claim of service connection for retinitis pigmentosa, which was first manifested during the veteran's second period of active service.

The veteran's low back disability is not productive of pronounced intervertebral disc syndrome or incapacitating episodes of a total duration of at least six weeks, and therefore, a rating in excess of 40 percent is not warranted.

The appeal is remanded to the RO for further development of evidence regarding the veteran's lumbar spine disability.

The Board denied an initial rating in excess of 10 percent for right shoulder strain with degenerative changes and a rating in excess of 40 percent for lumbosacral strain, disc disease, and traumatic arthritis. It granted an initial staged rating of 20 percent for cervical strain, myositis and disc disease from May 14, 1997, and 10 percent for right foot injury with traumatic arthritis, great toe metatarsophalangeal joint fracture from May 14, 1997. It also granted an initial staged rating of 10 percent for a scalp scar effective October 26, 2006.

The Board denied the veteran's claim for service connection for a low back disorder as new and material evidence was not submitted, and also denied increased ratings for a scar on the left foot and bilateral hearing loss.

The Board denied service connection for headaches and found that new and material evidence had not been received to reopen claims for a low back disability, skin disability (Agent Orange exposure), bilateral hand disability, bilateral leg disability (other than peripheral neuropathy), and left eye impaired vision. The veteran's evaluation for residuals of fibrosarcoma of the anterior chest wall remained at 10 percent.

The veteran's lumbosacral strain and post-operative residuals of a lumbar fusion for spondylosis and spondylolisthesis were denied an increased rating, and the veteran was also denied a total disability rating based on individual unemployability due to service-connected disability.

The case is remanded to the RO for referral of the veteran's claim to the Under Secretary for Benefits or the Director of Compensation and Pension Service for consideration of an extra-schedular evaluation.

The veteran's claims for increased ratings were denied as the evidence did not support higher ratings than those already assigned.

The Board denied a compensable disability rating for lumbosacral strain and entitlement to TDIU, as the evidence did not support that the veteran's service-connected condition rendered him unable to secure or follow a substantially gainful occupation.