Sleep apnea decisions — 2006

The veteran's claims for service connection for lumbosacral and bilateral hip osteoarthritis are being remanded due to the need for additional examinations and development of evidence.

The veteran requested to withdraw his appeal, and the Board has dismissed it.

The Board has determined that the veteran's service-connected disabilities, combined at a 70% rating, render him unable to secure and follow a substantially gainful occupation.

The Board has granted an initial evaluation of 20 percent for lumbosacral strain, finding that the veteran's condition meets the criteria for a 20 percent rating based on moderate limitation of motion.

The Board found that the veteran's lumbosacral strain, as evidenced by forward flexion to 85 degrees, extension to 25 degrees, and bilateral lateral flexion to 25 degrees without discomfort or pain, does not warrant a higher rating under either the old or new criteria for evaluating disabilities of the spine.

The Board denied service connection for a low back disability and did not grant TDIU as the veteran's current condition is not related to his military service.

The Board has determined that the veteran does not have a current diagnosis of an acquired psychiatric disorder or bone spurs other than to the right ankle. The claims for left carpal tunnel syndrome, lumbosacral spine disorder with degenerative changes, hiatal hernia, and gastrointestinal disorder were denied as there is no evidence linking these conditions to service or a service-connected disability.

The Board has denied the veteran's claims for service connection for chondrosarcoma of the right lower extremity and chloracne. The veteran was not granted service connection on a direct basis or due to exposure to herbicide agents.

The veteran's claim for service connection for degenerative disc disease of the lumbosacral spine is denied. The claim for an increased rating for total left hip replacement is granted to a 70 percent evaluation, and the claim for an increased rating for posterior cruciate ligament tear of the left knee remains at 30 percent. A separate 10 percent evaluation is assigned for limitation of flexion of the left knee.

The Board has determined that the veteran's low back disability does not warrant a rating in excess of 20 percent, and his right knee and left knee disabilities do not meet the criteria for higher ratings under the applicable diagnostic codes.

The veteran's back condition is rated at 60% due to pronounced intervertebral disc syndrome with significant symptoms.,The veteran's left knee condition remains at 20%, as the evidence does not support a higher rating.,The veteran's fused left ankle and residuals are rated at 20%, with no further increase.

The Board has granted service connection for a low back disorder, but denied service connection for an eye disorder due to lack of evidence linking the current conditions to service.

The Board found that the veteran's obstructive sleep apnea and chronic fatigue syndrome were not incurred in or aggravated by service, and denied both claims.

The Board has denied the veteran's claims for an increased evaluation for his lumbosacral spine disability and for a total disability rating based upon individual unemployability.

The veteran's claims for service connection for obstructive sleep apnea, muscle and joint pain, and a low back disorder with right thigh numbness were denied as there is no evidence of chronic disability or undiagnosed illness within the meaning of VA regulations.

The Board has granted service connection for diplopia and increased ratings for the cervical spine and lumbosacral spine disabilities. The appellant's other claims were denied.

The Board has remanded the case for additional development due to insufficient medical evidence to decide the claims.

The Board found that the reduction of the veteran's evaluation for degenerative disc disease of the lumbosacral spine from 40 percent to 10 percent was proper. The criteria for a disability rating in excess of 10 percent for degenerative disc disease of the lumbosacral spine have not been met.

The Board has decided to remand the case for additional development and compliance with the Veterans Claims Assistance Act of 2000 (VCAA). The veteran is seeking service connection for lumbosacral degenerative disc disease with disc protrusion and status post laminectomy.

The Board denied the veteran's claims of service connection for various conditions, including eye disorder, kidney disorder, stomach disorder, deformed fingers and toes, and degenerative joint and disc disease of the lumbosacral spine. The decisions were based on a finding that there was no medical evidence to support these claims.