Sleep apnea decisions — 2005

The RO has granted increased ratings for degenerative arthritis of the right and left knees, each rated at 10 percent.,However, no increase was granted for arthritis of the wrists or lumbosacral spine.

The veteran's appeal is being remanded due to the need for additional consideration of his claim by the RO, including review of new evidence submitted after a November 2004 supplemental statement of the case (SSOC).

The RO denied an increased rating for the veteran's service-connected lumbosacral back strain with degenerative disc disease at L4-5 and L5-S1, finding that his disability did not meet criteria for a higher evaluation.

The veteran's appeal is being remanded for additional examinations and consideration of his claims due to the need for updated medical evaluations.

The Board denied the veteran's claims for an increased evaluation for coronary artery disease and service connection for sleep apnea, finding that there was no evidence to support a secondary relationship between his sleep apnea and his service-connected sinusitis and allergic rhinitis.

The veteran's service-connected chronic lumbosacral strain syndrome and degenerative disc and facet joint disease were evaluated, with the latter receiving a 40% rating effective September 2, 2003. The right lower extremity neuropathy was not separately evaluated.

The Board has denied service connection for degenerative joint disease of the lumbosacral spine, eye condition including refractive error and allergic conjunctivitis, and nicotine dependence. The evidence does not support a finding that these conditions are related to service.

The veteran's claims for service connection and increased evaluations were denied. The Board found that the evidence did not meet the criteria for service connection or increased ratings.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection for degenerative disc disease of the lumbosacral spine.

The Board has remanded the veteran's claims for service connection due to a lack of appellate review prior to VA examination and because additional evidence is needed. The claims will be adjudicated after further development.

The Board found that the veteran's low back disability is manifested by limitation of motion and pain, but no clinical evidence of incapacitating episodes. The rating assigned for lumbosacral strain with degenerative disc disease and arthritis was determined to be appropriate at 30 percent.

The Board denied the veteran's claims for service connection for a low back disorder and restoration of service connection for a right inguinal hernia, finding that there was no clear and unmistakable error in the May 1991 rating decision severing service connection for the right inguinal hernia. The Board also found that the evidence did not support service connection for the low back disorder.

The Board denied increased evaluations for post-traumatic stress disorder and traumatic arthritis of the lumbosacral spine, finding that the evidence did not support higher ratings.

The Board has determined that the veteran's lumbosacral spine disorder is related to an injury during service and grants service connection for this condition.

The Board has determined that a remand is necessary to obtain the veteran's medical records, schedule him for an examination, and consider his claims under the new rating criteria for spine disabilities.

The Board finds that the evidence is at least in equipoise as to whether the veteran has a chronic lumbosacral strain disability due to service. Service connection for lumbosacral strain is granted.

The Board has remanded the case for further development, including a VA orthopedic examination to determine the current severity of the veteran's service-connected lumbosacral strain and then readjudicate the claim.

The Board found that the veteran's low back disorder, including lumbosacral strain, degenerative joint disease, and degenerative disc disease, was incurred in service due to a work-related injury in 1980. The examiner concluded that these conditions are related to his military service.

The Board granted the veteran's claim for an effective date of February 25, 1994 for a 20 percent rating for his service-connected lumbosacral strain.

The Board has determined that the veteran does not have osteoarthritis of the knees or degenerative disc disease of the lumbosacral spine that is related to service-connected disabilities. Therefore, his claims for these conditions are denied.