Sleep apnea decisions — 2005

The Board denied the veteran's claim for an initial evaluation in excess of 10 percent for his service-connected lumbosacral strain, finding that the evidence did not warrant a higher rating under the applicable criteria.

The Board denied the veteran's claim for an increased rating for his service-connected lumbosacral strain, finding that the evidence did not support a rating in excess of 40 percent.

The veteran withdrew his appeal for the neck disorder issue prior to a decision being made. The lumbosacral strain issue remains pending and will be remanded for further examination.

The veteran's claims for increased evaluations of his service-connected knee and back disabilities have been denied as the evidence does not support a finding that they are more than slight or mild in nature.

The Board has determined that the veteran's claimed conditions are not related to his active military service and thus denied all claims for service connection.

The VA denied the veteran's claim for a disability rating in excess of 20 percent for his service-connected lumbosacral strain, as his condition is characterized by tenderness and muscle spasm with some loss of lateral motion.

The Board has determined that the veteran's GERD symptoms do not meet the criteria for a higher evaluation, as they are not accompanied by substernal or arm/shoulder pain and are productive of considerable impairment of health. The veteran is therefore denied an increased initial rating for his GERD.

The veteran's back pain and joint pain are not service-connected, as they are attributed to his own degenerative conditions rather than an undiagnosed illness or exposure.

The Board has determined that the veteran's PTSD is service-connected and an increased rating for his lumbosacral strain is granted.

The veteran's sleep apnea was not incurred in, aggravated by, or related to active military service. The preponderance of the evidence shows that his post-service sleep apnea is not proximately due to or the result of his service-connected hypertension.,The service medical records do not show that the veteran was treated for chronic hypothyroidism during service or for many years thereafter. The preponderance of the evidence shows that the veteran's post-service hypothyroidism is not proximately due to or the result of his service-connected hypertension.

The Board denied the veteran's claims for service connection for chondrosarcoma of the left rib cage, with surgical removal of parts of the eighth and ninth ribs, as well as his claim for a scar as a residual of rib surgery. The evidence submitted since the last denial did not provide new and material evidence to support reopening these claims.

The veteran's claim for an initial evaluation greater than 40 percent for residuals of low back strain, with chronic degenerative changes of the lumbosacral spine, with narrowing at L5-S1 was denied. The claim for a compensable evaluation for bilateral hearing loss also failed.

The Board denied the veteran's claims for increased ratings for her service-connected disabilities, finding that none of the conditions met the criteria for a higher rating under either the old or new VA rating schedules.

The Board has determined that the reduction in the rating for service-connected lumbosacral strain from 40 percent to 10 percent was proper, based on improvement in the veteran's condition.

The Board has remanded the veteran's claims for additional development due to lack of medical opinions regarding the etiology of his liver disorder and sleep apnea, as well as scheduling him for VA examinations.

The Board denied the veteran's claims for service connection for sleep apnea, narcolepsy, and PTSD. The evidence did not support a finding that these conditions were incurred in or aggravated by service.

The Board has granted a 20 percent evaluation for the veteran's service-connected lumbosacral strain, which is more than the current 10 percent rating. The issue of hepatitis C was not addressed in this decision.

The veteran is not entitled to an effective date earlier than November 4, 1997 for the grant of a 60 percent disability evaluation for herniated nucleus pulposus, L4-L5 and L5-S1, clinical lumbosacral polyradiculopathy, and lumbar paravertebral myositis secondary to back strain.

The Board denied the veteran's claims for increased ratings for lumbosacral strain and residuals of meningitis, finding that there was no evidence of current disability or residual effects from these conditions.

The veteran's low back disability does not meet the criteria for a rating in excess of 40 percent.