Sleep apnea decisions — 2005

The veteran's claim for an increased evaluation of his service-connected lumbosacral strain (formerly characterized as residuals of a compression fracture of the T-12 and L-1 vertebrae) has been denied. The RO found that the current level of impairment does not warrant an evaluation in excess of 10 percent.

The Board found that the veteran's claimed conditions of hypertension, diabetes mellitus, chronic renal failure, and obstructive sleep apnea were not incurred or aggravated by his active military service.

The veteran's appeal is being remanded to the RO for additional development, including allowing time for stressor verification and reviewing his claim for service connection for PTSD. The issues of whether new and material evidence has been received to reopen claims for arthritis of the lumbosacral spine, a ganglion cyst of the right wrist, and gout; and for increased ratings for hearing loss and diabetes mellitus are being remanded as well.

The Board found no medical evidence suggesting the presence of lipoma sarcoma, fibrolipoma, fibrous carcinoma, fibrolysoma, or liposarcoma in service and denied entitlement to service connection for these conditions due to radiation exposure.

The veteran's claim for increased ratings for lumbosacral strain with degenerative disc disease, L4-L5 and L5-S1 was denied. The RO found that the condition did not meet criteria for a rating in excess of 20 percent from April 6, 2000 to December 19, 2004, or 40 percent since December 20, 2004.

The Board has remanded the case for further development, including obtaining VA and private medical records, and affording the veteran with a VA examination to determine the etiology of his lumbosacral disorder.

The Board has determined that the veteran's claim for an effective date prior to August 12, 1997, for service connection of retinitis pigmentosa cannot be granted as her initial claim was received on August 12, 1997.

The veteran's claim for increased ratings for his lumbosacral spine disability is granted, and an effective date of October 24, 2001 is assigned for the grant of a total disability evaluation based on individual unemployability.

The Board denied the veteran's claims for service connection for obstructive sleep apnea, chronic throat irritation, and hypertension. The evidence did not support a finding that these conditions were incurred in or aggravated by his military service.

The Board has denied the veteran's claims for increased ratings for hypertension and chronic lumbosacral strain, finding that the evidence does not warrant a rating in excess of the current 10 percent evaluations.

The veteran's claim for higher initial ratings prior to March 27, 1997 was denied as the evidence did not meet the criteria for a rating in excess of 40 percent.

The veteran's fatigue symptoms have been associated with a diagnosed disorder (obstructive sleep apnea), and therefore, there is no legal entitlement to consider under the undiagnosed illness provisions.

The veteran's right ankle disability is currently rated at 20 percent, and his low back disability is rated at 10 percent. The Board has determined that the evidence does not support a higher rating for either condition.

The veteran's claim for service connection for lumbosacral strain and degenerative disc disease at L5-S1 is being remanded due to the failure of the appellant to appear for a scheduled hearing. The case will be rescheduled for a Travel Board hearing.

The veteran's death was caused by chronic respiratory failure and obstructive sleep apnea, which were not service-connected conditions. The VA medical treatment did not contribute to the cause of death.

The Board denied the veteran's claims for increased ratings for his lumbosacral strain and chondromalacia of both knees, finding that the evidence did not meet the criteria for a higher rating under VA's schedular guidelines.

The veteran's lumbosacral strain is rated at 40 percent, the highest available rating for this condition.

The Board granted an increased rating of 40 percent for the veteran's degenerative joint disease of the lumbosacral spine, effective from September 5, 2000.

The Board has determined that the veteran's service-connected lumbosacral strain warrants a 10 percent rating, as it causes persistent tenderness and muscle tightness in his back.

The Board denied the veteran's claim for a higher initial rating for lumbosacral strain, finding that his disability did not meet or approximate the criteria for a rating greater than 10 percent.