Sleep apnea decisions — 2006

The Board has determined that the veteran's service-connected degenerative disc disease of lumbosacral spine with spondylolisthesis L3-L4 and scoliosis of lumbar spine does not warrant a higher disability rating as it does not meet the criteria for an increased evaluation under the applicable diagnostic codes.

The Board denied the veteran's claim for service connection for lumbar sprain, to include degenerative changes of the lumbosacral spine, finding that there was no medical evidence establishing a nexus between his current disability and his in-service injuries.

The VA denied the veteran's claims for service connection for degenerative disc disease of the lumbosacral spine and arthritis of the right hip, finding that these conditions were not related to her service-connected bilateral pes planus or any other service event.

The veteran's service-connected lumbosacral strain is rated at 40 percent, and his anxiety reaction with tension headaches is rated at 30 percent. The veteran has not met the criteria for a higher rating under either diagnostic code.

The Board has granted a 50 percent rating for the service-connected lumbosacral strain, effective from September 26, 2003.

The case is being remanded to the RO for scheduling a hearing and readjudication of the issues on appeal.

The Board has determined that new and material evidence has not been submitted to reopen the claims for service connection for lumbosacral strain, prostate disorder, and hypertension. The veteran's claims were previously denied in June 1999 due to lack of evidence showing these conditions during or within one year after service.

The Board has granted a 20 percent evaluation for degenerative joint disease of the lumbosacral spine, and denied increased evaluations for degenerative joint disease of the right knee and left knee.

The Board has determined that the veteran's lumbosacral spine degenerative disc disease does not meet or approximate the criteria for a schedular disability rating higher than 60 percent.

The Board has remanded the case for additional development, including providing VCAA notice and obtaining updated treatment records. The issues of whether new and material evidence has been received to reopen a claim of service connection for hypertensive vascular disease, and entitlement to service connection for obstructive sleep apnea as secondary to hypertensive vascular disease are pending.

The VA determined that the appellant's lumbosacral strain, L4-L5 discogenic disease, bulging disc and degenerative joint disease of the lumbar spine warrants a rating of 40 percent, effective May 11, 1993.

The Board found that the veteran's degenerative disc disease of the lumbosacral spine with postoperative residuals of a herniated disc at L5-S1 was not incurred in or aggravated by his military service, and thus denied service connection for this condition. The Board also found that the low back strain was not related to his military service.

The Board has granted service connection for lumbosacral strain with L1 wedging and bilateral heel contusions, but denied service connection for stress fracture of the dorsum of the right foot. The veteran's bilateral heel contusions are currently rated as noncompensably disabling.

The Board denied an increased rating for lumbosacral strain and a higher evaluation for schizophrenia.

The veteran's current low back disorder, including pain and severe limitation of motion, has not been medically linked to his service-connected lumbosacral strain. The Board finds that the disability does not warrant a higher rating than the currently assigned 20 percent evaluation.

The Board denied the veteran's claim for service connection as there is no competent evidence linking his current low grade fibrosarcoma of the right calf to an injury or disease in service.

The veteran's low back disability is currently rated at 20 percent for limitation of motion, but does not meet the criteria for a higher rating as there is no evidence of severe loss of range of motion or ankylosis.

The veteran's representative withdrew the appeal regarding an increased rating for lumbosacral strain with degenerative joint disease of the lumbar spine.

The veteran's service-connected lumbosacral strain has been granted a 20 percent evaluation, and his right shoulder disability is rated at 20 percent from June 29, 2004.

The Board denied the veteran's claims for increased ratings for his cervical spine disorder, lumbosacral strain, and gastroesophageal reflux with esophagitis, hiatal hernia, and erosive gastritis. The evidence did not support service connection or higher ratings under applicable criteria.