Sleep apnea decisions — 2005

The Board found that the veteran's service-connected lumbosacral strain does not meet or approximate the criteria for a higher evaluation, and thus denied his claim for an increased rating.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no evidence of mustard gas exposure during service and thus no basis to establish presumptive service connection. The primary site of the cancer was found to be the left lung.

The Board has determined that the claim must be remanded for further development, including consideration of new spine disability rating criteria and a C&P examination to assess the current extent of the veteran's service-connected low back disability under both old and new regulations.

The Board has granted service connection for sleep apnea syndrome, finding that it is proximately due to the veteran's service-connected external nasal deformity and allergic rhinitis. The increased rating claim for external nasal deformity and allergic rhinitis was denied.

The Board granted an increased rating to 40 percent for lumbosacral strain from March 1, 1997 to September 25, 2003.

The Board denied the veteran's claim for service connection for an undiagnosed illness manifested by sleep apnea, finding that there was no evidence of a disability in service or for several years following service. The Board also found that attributing the veteran's current sleep disorder to his military service is speculative.

The Board has granted an increased rating to 60 percent for the veteran's lumbosacral strain with degenerative disc disease, effective from when the claim was first filed.

The Board denied the veteran's claims for earlier effective date for service connection and increased evaluations, finding that his preexisting conditions were aggravated by service but not warranting an earlier effective date or higher ratings.

The veteran's claims for service connection and initial compensable rating for his hearing loss, back injury, left knee disability, and right knee disability are being remanded for additional development.

The Board granted a 40 percent rating for the veteran's service-connected fibromyositis of the lumbosacral spine, which was previously rated as 20 percent disabling.

The veteran's low back disorder, characterized by occasional popping and locking of the lumbar spine causing muscle spasm and guarding enough to contribute to his abnormal gait, warrants a rating of 20 percent effective from July 26, 2004.

The Board has granted increased ratings for the veteran's lumbosacral strain and anxiety disorder, with a rating of 20 percent for each condition.

The veteran's appeal is being remanded for additional development, including VA examinations to assess the severity of her service-connected disabilities and obtain relevant medical records.

The Board has determined that the veteran's lumbar strain, left shoulder disorder, and chronic headaches are service-connected. The respiratory, sinus, and knee disorders have not been established as service-connected.

The Board denied the veteran's claims for service connection for fibromyalgia and an increased evaluation for his lumbosacral strain with degenerative disc disease, finding that the fibromyalgia was not incurred in or aggravated by service nor causally related to his service-connected low back disorder.

The veteran was granted initial compensable ratings for patellofemoral syndrome of the right and left knees, as well as lumbosacral strain from October 30, 2002 to May 17, 2004.,From May 18, 2004 onwards, he was granted initial ratings in excess of 10 percent for patellofemoral syndrome of the right and left knees, as well as lumbosacral strain.

The veteran's claims for increased ratings and service connection were generally granted, with some issues having specific rating assignments.

The Board has determined that the veteran's sleep apnea is not related to service or a service-connected disability, and thus denied his claim for service connection.

The Board has remanded the case for further development, including obtaining a medical opinion to distinguish orthopedic and neurologic signs and symptoms of lumbosacral strain with herniated disk from other etiology. The veteran's cervical spine claim is also being remanded due to VCAA compliance issues.

The Board has granted a 60 percent rating for the veteran's degenerative joint disease of the lumbosacral spine with L5-S1 radiculopathy, effective from the date of the initial award. The right eye disability issue remains pending.