Sleep apnea Board decisions

The VA denied an increased evaluation for lumbosacral strain, finding that the veteran's condition did not meet criteria warranting a higher rating.

The Board has granted service connection for chronic sleep apnea, chronic irritable bowel syndrome, and chronic erectile dysfunction to include loss of use of a creative organ. The veteran's PTSD is rated at 50 percent from September 29, 2003, to January 5, 2005, and the Board has not found that an evaluation in excess of 50 percent is warranted for his PTSD as of January 6, 2005.

The veteran's lumbar spine disability and left lumbosacral radiculopathy were evaluated, but the RO denied an increased evaluation. The current evaluations are 40 percent for the lumbar spine disability and 20 percent for the radiculopathy.

The Board finds that an evaluation in excess of 20 percent for service-connected chronic lumbosacral strain with degenerative arthritis is not warranted under either the former or revised criteria.

The veteran's claims for increased ratings and service connection were denied. The RO found that the veteran did not meet the criteria for higher disability ratings or an earlier effective date.

The Board denied the veteran's claim for an increased evaluation of his service-connected residuals of a low back injury, currently rated at 10 percent.

The VA determined that the veteran's lumbosacral strain with degenerative joint disease resulted in a disability rating of 20 percent, which is the current rating for this condition.

The veteran's lumbosacral strain with disk herniation at L4-5 and L5-S1 is rated at 60 percent, the maximum available under current rating criteria.

The Board found that the veteran's claim for a temporary total evaluation based on a service-connected disability requiring hospital treatment or a period of convalescence was timely filed. The case is now remanded to VBA for further adjudication on the merits.

The Board has remanded the case due to the need for additional development and notification.

The veteran's lumbar spine disability has been rated at 10 percent since October 1, 2001. The RO found that the condition is manifested by limited range of motion but without any additional functional impairment or other significant symptoms.

The veteran's claims for service connection for diabetes mellitus, depression, a back disability, impaired sleeping, nightmares, and night sweats were denied as there is no evidence of these conditions during or related to his military service.

The Board denied a higher rating for the veteran's sleep apnea, finding that it did not meet the criteria for a 100% rating due to lack of chronic respiratory failure or need for tracheostomy.

The veteran's cause of death was listed as diffuse large cell lymphoma of the testicle. Service connection for his lumbosacral strain with degenerative changes and residuals of right nephrectomy was granted, but service connection for the cause of death due to lymphoma was denied.

The veteran's low back disability was not shown to warrant a rating in excess of the assigned ratings prior to December 3, 2003 and from December 3, 2003 to November 1, 2005. From November 1, 2005, the disability has not been manifested by ankylosis, pronounced intervertebral disc syndrome, incapacitating episodes, or separately ratable neurological symptoms.

The Board has granted the veteran's claims for service connection for sleep apnea and PTSD, finding that these conditions are related to his military service. The increased rating claim for hypertensive cardiovascular disease and the compensable rating claim for prostatitis remain pending.

The veteran's left knee disorder and actinic keratosis and acne rosacea were not found to be service-connected or warrant increased ratings.

The Board has determined that the veteran's claims for increased evaluations of his thoracic strain, lumbosacral strain, and cervical strain with degenerative changes are denied as they do not meet the criteria for higher ratings under the applicable VA rating schedule.

The Board found that the veteran's degenerative disc disease of the lumbosacral spine was not incurred or aggravated by service, and denied his claim for service connection.

The veteran's multiple disabilities, including end stage macular degeneration and lumbosacral degenerative disc disease, do not meet the criteria for special monthly pension based on need for regular aid and attendance or being housebound.