Sleep apnea decisions — 2006

The veteran's appeals for increased ratings for lumbosacral strain and cervical strain are being remanded. The initial rating for pseudofolliculitis barbae is denied, as the disability does not meet the criteria for a higher rating under current diagnostic codes. The initial rating for left ankle sprain is also denied.

The Board denied the veteran's claims for increased evaluations of his service-connected lumbosacral strain and cervical strain, as well as his claim for service connection for chest pain. The veteran was not granted any new ratings or benefits.

The Board has determined that the veteran's service-connected lumbosacral strain and right ankle injury are currently rated at 20 percent, which is the maximum schedular rating available under VA regulations. The appeal for increased evaluations is denied.

The veteran's appeal has been dismissed as he withdrew his claims for the aforementioned issues.

The Board has remanded the veteran's case for additional development due to incomplete service records and new medical examinations.

The Board found no evidence of a current disability for erectile dysfunction/impotence, and thus denied service connection.,There is insufficient medical evidence to establish a direct link between the veteran's military service and his currently diagnosed sleep apnea.

The Board has remanded the case for additional development, including obtaining Social Security Administration and VA medical records. The TDIU claim will be reconsidered after other claims are addressed.

The Board has determined that the preponderance of the evidence is against service connection for all claimed conditions.

The Board found that the veteran's eye disorders, including bilateral posterior subscapular cataracts and retinosa pigmentosa, were not incurred or aggravated by military service, nor may they be presumed to have been incurred therein. The evidence did not support a nexus between the veteran's claimed radiation exposure in service and his current eye disorders.

The VA determined that the veteran's low back disability, currently rated at 20 percent, does not warrant a higher rating based on current symptoms and findings.

The Board has determined that the veteran's DDD, DJD, and chronic lumbosacral strain do not warrant a rating higher than 40 percent prior to December 30, 1998, or from December 30, 1998.

The veteran's appeal is remanded for further development, including a VA examination to assess the impact of his service-connected disabilities on his ability to secure and maintain gainful employment.

The veteran's service-connected sleep disorder, now diagnosed as central sleep apnea, warrants a staged rating of 10 percent prior to March 31, 2003 and 50 percent from that date.

The Board has denied the veteran's claims for service connection and a compensable rating for various conditions, finding that the evidence does not support a grant of these benefits.

The Board found that the veteran's lumbosacral strain warrants a 20 percent evaluation, which was the initial rating assigned. The TDIU claim was also granted.

The veteran's appeal is dismissed due to the death of the appellant.

The VA denied the veteran's claims for an increased rating for his service-connected degenerative disc disease of the lumbosacral spine and also denied his claim for service connection for a spine disability other than the already service-connected condition. The VA found that the veteran's current disability did not warrant a higher evaluation based on the criteria provided.

The Board has determined that the veteran's death was due to his service-connected diabetes mellitus, type 2, which is presumed for veterans who served in Vietnam. As a result, the cause of the veteran's death is now considered service connected.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a lumbosacral strain. The veteran's pre-existing low back condition is considered to have existed prior to his active service, but there is no clear and unmistakable evidence showing it was not aggravated by service.

The Board denied the veteran's claims for increased ratings for his degenerative joint disease of the lumbosacral spine and left paracentral disc protrusion, status post fracture, with anterior wedging of the thoracic spine. The RO initially evaluated both conditions as 20 percent disabling under Diagnostic Codes 5293 (for intervertebral disc syndrome) and 5285 (for residuals of vertebral fracture), respectively.