Sleep apnea decisions — 2006

The Board has determined that the veteran's lumbosacral strain and left knee disorder do not warrant higher initial ratings under either the old or new rating criteria.

The veteran's claim for an increased evaluation of his lumbosacral spine disability is denied. However, a separate 20% evaluation is granted for the associated right leg neurological deficit effective September 23, 2002. The claim for SMC based on loss of use of the right foot due to service-connected disability is also denied.

The veteran's claims for service connection were denied as new and material evidence was not submitted. The skin rash is presumed to be due to herbicide exposure, but no current diagnosis of the claimed condition exists. Service connection for bronchitis or other respiratory disorder and arthritis of the back are also denied.

The Board has determined that the veteran's obstructive sleep apnea and chronic sinus disorder are caused by his service-connected nasal fracture.

The VA denied the veteran's claim for an increased evaluation for his lumbosacral strain with degenerative disc disease, currently rated at 20 percent.

The Board has granted a 20 percent rating for the veteran's lumbosacral strain effective from June 25, 2005.

The veteran's chronic strain of the lumbosacral spine was incurred during his active military service and is granted as service connected.

The veteran's claims for increased ratings and an earlier effective date were granted, with the rating of 20 percent for lumbosacral arthritis, disc derangement, and degenerative spondylosis continuing. The effective date was set at October 12, 2000.

The Board denied an increased evaluation for lumbosacral strain, finding that the veteran's symptoms did not meet or approximate the criteria for a higher rating under VA regulations.

The Board found that the veteran's sleep apnea is not related to service or his service-connected anxiety disorder, and thus denied his claim for service connection.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for a lumbrosacral disability, which was previously denied in March 1978. The decision will now be reviewed on its merits.

The Board has denied the veteran's claim for an increased disability rating for traumatic thoracic myelopathy and service connection for lumbosacral spine pain, status post laminectomy. The veteran is currently receiving the maximum schedular rating for his service-connected condition.

The Board denied the veteran's claims for increased evaluations for his service-connected conditions, including hypertensive arteriosclerotic heart disease, degenerative joint disease of the lumbosacral spine, arthritis of the right shoulder, maxillary sinusitis, and right inguinal hernia. The assigned disability ratings were not higher than what was currently in effect.

The Board has determined that the veteran's PTSD is service-connected, but his sleep apnea is not. The PTSD claim was granted based on a verified in-service stressor, while the sleep apnea claim was denied due to lack of evidence linking it to service.

The Board has remanded the case for additional development due to issues related to service connection for left hip disability and degenerative joint disease of the lumbosacrum as secondary to service-connected residuals of a left fibula fracture.

The veteran's service-connected myasthenia gravis and lumbosacral strain have been granted increased ratings, with the initial rating for myasthenia gravis set at 30 percent and the initial rating for lumbosacral strain also set at 10 percent, both effective from October 1, 2004.

The veteran's service-connected lumbosacral strain and left ankle sprain are currently rated at the maximum allowable evaluations, with no further increase granted.

The Board denied an increased rating for lumbosacral strain, finding that the veteran's symptoms are caused by a post-service herniated disk rather than his service-connected lumbosacral strain.

The Board denied the veteran's claims for service connection for residuals of a right eye injury, chest pain and shortness of breath including sleep apnea, and multiple noncompensable service-connected disabilities. The claim for left ear hearing loss was also denied as it is not possible to receive additional compensation due to already granted compensable ratings.

The veteran's appeal is being remanded for additional development and review of his claims for earlier effective dates.