Sleep apnea decisions — 2006

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

The Board is remanding all three claims to the RO via the Appeals Management Center (AMC) for further action. The veteran has requested a videoconference hearing, and this must be scheduled before deciding these appeals.

The veteran's lumbosacral spine status post fusion with spondylolisthesis, degenerative arthritis, and degenerative disc disease with secondary peripheral neuropathy of bilateral lower extremities is rated as 40 percent for limitation of motion of the lumbar spine, 40 percent for incomplete paralysis of the right lower extremity, and 40 percent for incomplete paralysis of the left lower extremity.

The Board found that the veteran's left lower extremity neurological impairment is part of his service-connected intervertebral disc syndrome and thus does not warrant a separate rating. The effective date for the current 10 percent disability rating remains unchanged.

Additional evidence has been received since the last Supplemental Statement of Case, and this appeal is being remanded for further review by the RO.

The Board has determined that the veteran's lumbar spine disability warrants a maximum schedular rating of 60 percent, as there is no evidence of unfavorable ankylosis or incapacitating episodes.

The Board has determined that the veteran's service-connected low back disability is manifested by symptoms more closely approximating severe intervertebral disc syndrome with recurring attacks and intermittent relief. Therefore, a 40 percent rating is granted for this condition.

The Board found no evidence of a chronic lumbosacral spine disability or hearing loss in service, and the veteran's assertions regarding such were not supported by medical records. The Board denied all claims for service connection.

The Board denied the veteran's claims for service connection for a lumbosacral spine disorder, bilateral knee disorder, and chronic vestibulopathy. The claim for service connection for hearing loss was also denied.

The Board denied the veteran's claims for increased rating for lumbosacral strain and service connection for a right hip disorder and residuals of a gastric disorder due to use of nonsteroidal anti-inflammatory medications, finding that his disability did not meet or approximate criteria for higher ratings under either the old or amended schedule for rating spine disabilities.

The Board found that the veteran's current sleep apnea was not incurred in or aggravated by service, and denied his claim for service connection.

The Board denied higher initial evaluations for the veteran's lumbosacral strain and mucus retention cyst, finding that the evidence did not warrant a rating in excess of 20 percent.

The veteran's lumbosacral strain, degenerative arthritis, and total disc space loss are currently rated at 40 percent. The Board found that the current rating is appropriate given the limited range of motion.

The Board found that the veteran's claimed lumbosacral/right hip disorder was not incurred in or aggravated by service, nor is it related to a service-connected disability. The claim for service connection was denied.

The veteran's appeal has been withdrawn by the appellant, and thus the case is dismissed.

The Board denied the veteran's claims for service connection of his lumbosacral spine disorder and an increased rating for his cervical spine disorder, finding no evidence to support a nexus between current disorders and active service.

The veteran's claims for increased ratings and service connection are being remanded to allow for additional development of his medical records.

The veteran's claim for a higher rating for his service-connected chronic lumbosacral myofacial strain is being remanded due to the need for additional development, including obtaining VA records and scheduling examinations.

The Board denied increased ratings for cervical spine disability, lumbosacral spine disability, and residuals of a gunshot wound to the abdomen.

The Board denied the veteran's claims for increased rating for bilateral hearing loss, service connection for sleep apnea, and service connection for asbestosis. The veteran's service-connected conditions were not related to his active duty service.