Sleep apnea decisions — 2005

The Board denied service connection for various conditions, including pseudofolliculitis barbae, defective vision, sleep apnea, pes planus, high pulse rate, asthma with bronchitis, allergic rhinitis, myofascial pain syndrome of the right shoulder, myofascial pain syndrome of the left shoulder, right knee disability, and left knee disability. The Board found that new evidence was needed to support these claims.

The Board denied the request for an earlier effective date for a 10% disability rating for lumbosacral strain, stating that no CUE was found in previous decisions and that the claim is based on facts ascertainable within one year of June 26, 1990.

The veteran's claim for increased evaluations for lumbosacral strain was denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent from May 6, 1993 to May 17, 1996 and did not meet the criteria for a rating in excess of 40 percent as of and since May 18, 1996.

The veteran's appeal for service connection for sleep apnea has been dismissed as he withdrew his appeal.

The Board has ordered a remand to obtain additional medical records and conduct further examinations to determine if the veteran's current right knee and low back disorders are related to his service-connected left knee disorder.

The Board has denied the veteran's application to reopen his claim for service connection for a low back disorder, finding that no new and material evidence has been submitted.

The Board found that the veteran's service-connected low back disability, which is rated under Diagnostic Code 5295 (lumbosacral strain), may be considered productive of functional loss including flare-ups. The most recent VA examination demonstrated no muscle spasm on extreme forward bending or unilateral loss of lateral spine motion in a standing position. However, the veteran's range of motion was noted to be within normal limits with some pain during flexion and extension. Considering all factors, the Board granted a 20 percent rating for lumbosacral strain.

The VA denied an evaluation in excess of 40 percent for the veteran's low back disorder, which currently stands at a maximum 40 percent rating.

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for residuals of a low back injury. The Board finds that the veteran's degenerative disc disease of the lumbosacral spine is causally related to an in-service injury, and thus grants service connection.

The Board found that the veteran's left lower extremity disability was not caused by carelessness, negligence, or lack of proper skill on the part of VA during his July 1990 surgery. The evidence did not demonstrate additional disability due to the surgery.

The veteran withdrew his appeal regarding the claim for an increased rating for wedging of L1 and lumbosacral spurring, residuals of a low back injury.

The Board has determined that the veteran's sleep apnea is proximately due to or the result of his service-connected residuals of left zygomatic arch fracture with headaches, and thus grants service connection for this condition.

The veteran's stomach disability is granted secondary to medication used for his service-connected myofascial pain syndrome. His lumbosacral spine condition warrants a 40 percent rating, and the cervical and dorsal spine conditions are each rated at 10 percent.

The Board denied the veteran's claims for increased ratings for lumbosacral strain, finding that the evidence did not meet the criteria for a higher rating prior to March 11, 2003 and after that date.

The VA has denied increased ratings for the veteran's service-connected degenerative disc disease of the lumbosacral spine and cervical spine, currently evaluated at 20 percent and 10 percent respectively.

The veteran's appeal is being remanded due to the need for additional development, including obtaining medical records and conducting examinations. The case involves a claim for an increased rating of lumbosacral strain and a new service connection claim for degenerative disc disease.

The Board denied the veteran's claim for an increased evaluation of her service-connected DDD of the lumbosacral spine with status post fusion at L5-S1, finding that she was already granted a 40 percent rating effective June 20, 2004.

The Board found that the veteran's sleep apnea, chronic fatigue syndrome, and diverticulitis did not have their onset during active service or result from disease or injury in service.

The Board denied service connection for multiple basal cell carcinomas of the skin and leiomyosarcoma of the knee, finding no evidence of in-service exposure to radiation or DDT that could support a presumption. The conditions were not shown to be directly related to service.

The Board finds that the appellant's current lumbosacral spine, hip, and cervical spine disorders are related to his military service. The claim is granted.