Sleep apnea decisions — 2006

The Board has determined that the veteran's lumbosacral degenerative arthritis is not related to his military service and therefore denied his claim for service connection.

The May 11, 1990 decision denied service connection for retinitis pigmentosa due to the presumption that it existed prior to service and did not undergo aggravation during service. The Board found this decision was based on clear and unmistakable error (CUE).

The Board denied the veteran's increased rating claims for left shoulder impingement and lumbosacral strain, finding that the evidence did not support a higher evaluation under VA regulations.

The Board has determined that the veteran's lumbosacral strain warrants restoration of a 20 percent disability rating effective August 1, 2002.

The veteran's appeal is denied as his service-connected left knee instability does not warrant a rating in excess of 10 percent.

The veteran's claims for increased ratings and service connection were denied. The RO found that the evidence did not meet the criteria for a higher rating or service connection.

The veteran's claims for higher ratings for her cervical/trapezius strain, thoracic strain, and lumbosacral strain with disc disease are being remanded due to the submission of additional evidence.

The Board denied service connection for an acquired psychiatric disorder, including recurrent major depression, and for degenerative disc and/or joint disease of the lumbosacral spine. The veteran's current conditions are not shown to be related to her military service or a service-connected disability.,An increased evaluation for tendinitis of the right ankle was also denied.

The Board has determined that timely notice of disagreement was filed on the January 2002 denial of service connection for sleep apnea. The veteran's claim for service connection for diabetes mellitus, pes planus, and sleep apnea is being remanded for further development.

The veteran's service-connected conditions, including dysthymic disorder with generalized anxiety disorder and traumatic arthritis of the lumbosacral spine, did not render him unemployable prior to March 24, 2005. His psychiatric condition was considered moderate in nature, and his low back disability caused only slight limitation of motion.

The Board denied an increased rating for lumbosacral strain, finding that the veteran's disability does not meet criteria for a higher rating based on unfavorable ankylosis of the thoracolumbar spine. The maximum 40 percent rating is appropriate given the current evidence.

From August 17, 1999, through November 29, 2004, the veteran's lumbosacral strain with degenerative disc disease resulted in severe strain with positive Goldthwait's sign and osteoarthritic changes. On and after November 30, 2004, the MRI showed pronounced intervertebral disc syndrome with actual impingement on the right dorsal ganglion, resulting in sciatic neuropathy.

The veteran is granted restoration of a 10 percent evaluation for periarteritis nodosa with panuveitis and a separate 10 percent rating for bilateral panuveitis. The claim for a higher rating for cutaneous vasculitis, previously diagnosed as periarteritis nodosa, is denied.

The veteran's service-connected disabilities do not meet the schedular requirements for a total rating based on individual unemployability, and there is no evidence of exceptional circumstances warranting extra-schedular consideration.

The Board has reopened the claim of service connection for retinitis pigmentosa and granted it, finding that new and material evidence had been submitted to support the claim.

The Board granted an initial rating of 40 percent for lumbosacral strain and found that the keloid scars of the chest were presumed to have been aggravated by active service.

The veteran's application for an increased rating for folliculitis, groin is denied.,Service connection for sleep apnea and COPD are not addressed in the decision summary provided.

The veteran's appeal involves multiple issues related to his service-connected conditions, including a rating for lumbosacral strain and hearing loss. The RO must review the additional evidence received since June 2003, consider the revised criteria for rating spine disorders and skin disorders, arrange for VA examinations to assess the current severity of these conditions, and readjudicate the claims.

The veteran's claims for increased ratings for lumbosacral strain and arthritis of the left knee were denied. The RO found that the evidence did not support higher ratings under the applicable rating criteria.

The Board denied the veteran's claims for service connection for a cervical spine disability and for increased ratings for his lumbosacral strain and post-operative residuals of a recurrent abdominal ventral hernia. The veteran was awarded a noncompensable initial rating for the latter condition.