Sleep apnea decisions — 2006

The Board has determined that the veteran is entitled to a 10 percent rating for his thoracolumbar back disorder prior to February 9, 2001.

The Board found that the veteran's retinitis pigmentosa existed prior to his entry into service and was not aggravated by service. Therefore, he is not entitled to service connection for this condition.

The Board has denied the veteran's request to reopen his claims for service connection for cervical disc disease and lumbosacral arthritis, finding that no new and material evidence has been received.

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

The veteran's claim for an increased rating for low back strain and a compensable evaluation for bilateral hearing loss was denied. The initial rating of 40 percent for the low back condition is maintained.

The Board denied the appellant's claims of service connection for myasthenia gravis, sleep apnea, diabetes mellitus type II and peripheral neuropathy. The evidence did not show exposure to Agent Orange or any other herbicide agent during service.

The Board denied service connection for bilateral hearing loss, bilateral tinnitus, residuals of a cervical spine fracture, and obstructive sleep apnea (claimed as a sleep disorder).

The veteran's claim for an increased rating for his lumbosacral disc herniation at L5-S1 was denied, as the evidence did not show that he met the criteria for a higher evaluation. The claim for TDIU was also denied due to the presence of other service-connected disabilities and the veteran's occupational experience.

The VA determined that the veteran's lumbosacral strain with degenerative disc disease does not warrant a rating higher than 10 percent, as his symptoms do not meet or approximate criteria for a higher evaluation.

The Board denied the veteran's claims for increased ratings for his lumbrosacral and right knee disabilities, as well as service connection for a left knee disability. The RO had previously granted service connection and initial ratings for these conditions.

The veteran's degenerative disease of the lumbosacral spine is granted as service connected.

The Board has determined that the veteran's sleep apnea and right toe fracture do not warrant a compensable rating. The increased rating for residuals of a right tibia fracture is denied.

The Board denied the appellant's request to reopen her claim for service connection for the cause of the veteran's death, finding that no new and material evidence had been submitted. The denial was based on the lack of evidence linking the veteran's cancer to his military service.

The Board is remanding the case for further development and consideration, including obtaining additional medical records and a VA medical opinion to address whether the veteran's esophageal cancer was caused or aggravated by his service-connected disabilities.

The Board has determined that the veteran's spondylolisthesis of the lumbosacral spine warrants a higher initial rating of 20 percent, effective October 3, 1996. The claim for an increased rating for bilateral sensorineural hearing loss is denied as there are no compensable ratings available under current regulations.

The Board found that the veteran's retinitis pigmentosa was not related to his military service and denied his claim for service connection.

The Board has determined that the veteran does not have a current neck, thoracic spine, lumbosacral spine, right knee, right shoulder, right hip, right calf, or right foot disability. The veteran's service-connected disabilities do not interfere with normal employment.

The veteran's appeal is being remanded due to the need for a Board videoconference hearing. The case will be returned to the Board after addressing any remaining issues.

The veteran's claimed disabilities, including fatigue, memory loss, breathing problems, joint pain, and skin rash, were not present during his active military service or are not related to such service. The Board denied the claims for these conditions.