Sleep apnea decisions — 2006

The Board has granted service connection for residuals of an epidural procedure and denied increased ratings for right metatarsalgia with neuroma and lumbosacral strain with traumatic arthritis.

The Board found that the veteran's service-connected lumbosacral spine disability did not warrant a higher rating prior to October 25, 2005 and was only rated at 10 percent from that date. The cervical spine disability was also rated at 10 percent from October 25, 2005. The veteran's service-connected musculoskeletal headaches were rated as noncompensable prior to October 25, 2005 and a rating higher than 10 percent beginning that date.

The Board denied service connection for breathing problems with sleep apnea as secondary to a service-connected nasal bone fracture and denied service connection for type II diabetes mellitus due to exposure to herbicides. The veteran's claims were not supported by the evidence of record.

The VA has determined that the veteran's degenerative changes of the lumbosacral spine warrant a 40 percent disability rating, which is the maximum assigned under current regulations. The condition does not meet criteria for higher ratings based on additional functional loss or other factors.

The veteran's appeal for service connection for degenerative disc disease of the lumbosacral spine with spinal stenosis, claimed as joint pains due to an undiagnosed illness, has been dismissed because his attorney withdrew the claim prior to a decision.

The Board has determined that the veteran's current sleep apnea had its onset during service and is therefore granted service connection.

Throughout the rating period, the veteran's low back disability was manifested by complaints of pain and limited motion. The VA determined that a 20 percent evaluation for lumbosacral strain with degenerative disc disease is appropriate.

The VA determined that the veteran's service-connected chronic lumbosacral strain, with degenerative disc disease and degenerative joint disease at L2-3 and L3-4, does not warrant an evaluation in excess of 40 percent.

The veteran's sleep apnea is currently rated at 50 percent, which is the maximum schedular rating available. His allergic rhinitis with sinusitis does not meet the criteria for a compensable evaluation.

The Board has granted a 20 percent rating for the service-connected residuals of a back injury with degenerative changes, effective from June 4, 2005.

The Board denied the veteran's claims for service connection for a low back disability and an increased evaluation for PTSD. The Board found no current evidence of a chronic low back disability, and concluded that the veteran did not meet the criteria for a higher rating under Diagnostic Code 9411 for his PTSD.

The veteran's claims for service connection of sinus disability, skin disability, sleep apnea, glaucoma, and mitral regurgitation (heart disease) were denied. The veteran's PTSD was evaluated at 50% disabling.

The Board has denied the veteran's claims for service connection for an acquired psychiatric disorder, chronic eye conditions, bilateral hearing loss, and a chronic back injury or disease. The evidence does not support these claims.

The veteran's appeal has been withdrawn, and the case is dismissed.

The Board has determined that the veteran's low back disability, characterized as residuals associated with a previous lumbosacral strain and scoliosis, does not warrant an evaluation in excess of the current 10 percent rating.

The veteran's claim for TDIU was denied in July 1992 due to lack of evidence showing an increase in disability during the one year period preceding March 22, 2003. The RO found that no new and material evidence had been submitted.

The veteran's appeal is being remanded for further examination to determine the cause of his low back and left leg symptoms, whether they are related to his service-connected scar or other conditions.

The Board found that the veteran's current low back disability is not related to his active service and denied his claim for residuals of the removal of lumbosacral discs, L4, L5, and S1. The erectile dysfunction claim was remanded due to insufficient medical opinion regarding its relationship to diabetes mellitus.

The Board finds that the evidence is at least evenly balanced as to whether the veteran's lumbosacral disc disease with spinal stenosis was incurred in service, and grants service connection for this condition.