Sleep apnea decisions — 2006

The Board found that the veteran's service-connected lumbosacral strain did not meet or approximate criteria for a higher rating than 40 percent, as it did not result in pronounced intervertebral disc syndrome with persistent symptoms compatible with sciatic neuropathy.

The veteran's appeal is remanded for additional development, including obtaining treatment records and scheduling a VA examination.

The VA has requested a medical opinion to determine if the veteran's current sleep apnea is related to his service-connected bronchial asthma, or if it had its onset in service. The case is being remanded for this purpose.

The veteran's claims for service connection were denied. The RO found no evidence of the claimed conditions during or within one year after his periods of active duty, and there was no medical opinion linking any current disabilities to his military service.

The veteran's claim for an increased rating for his service-connected lumbosacral strain is being remanded due to the need for a videoconference hearing.

The veteran's claim is being remanded for further development, including a VA examination and consideration of the new rating criteria for spine disabilities.

The veteran's appeal is remanded to obtain additional evidence and conduct a VA examination to determine the current extent of his service-connected lumbosacral strain with degenerative disc disease. The RO must also consider all relevant criteria for evaluating disabilities of the spine, including those effective prior to September 23, 2002, effective September 23, 2002, and effective September 26, 2003.

The veteran's lumbosacral spine disability is currently rated as 40 percent disabling, with no higher rating granted under the old criteria for intervertebral disc syndrome (IVDS).,The veteran was granted an initial 10 percent rating for his fibromyalgia effective November 20, 2002.

The VA determined that the veteran's chronic lumbosacral strain does not warrant an evaluation in excess of 10 percent.

The veteran's claim for an increased rating for lumbosacral degenerative joint and disc disease with mild wedge compression fracture of T12 was granted, but the appeal regarding service connection for a cervical spine disorder is still pending.

The Board found that the veteran's current back disability is not related to his active military service and denied his claim for service connection.

The Board has determined that the veteran does not have a disability due to impaired hearing for VA purposes and his tinnitus is not related to service. The claim for lumbosacral strain, to include as secondary to a service-connected left foot disorder, is remanded for further development.

The veteran's sleep apnea claim resulted in a 50 percent evaluation, effective December 9, 2002.,Service connection for allergic rhinitis was granted with an effective date of March 14, 2002.

Throughout the rating period, the veteran's degenerative disc disease of the lumbosacral spine was manifested by severe limitation of motion and moderate neurologic deficit. The current evaluation of 60 percent is appropriate given these findings.

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

The Board has determined that the veteran's current retinitis pigmentosa is reasonably shown to have resulted from disease or injury in service, and thus service connection for this condition is granted.

The veteran's lumbar spine disability is rated at 60 percent, the highest available under the old rating criteria for lumbosacral strain.

The Board denied the veteran's claims for service connection for diabetes mellitus, lumbosacral strain, right ankle disorder, and left ankle disorder due to lack of new and material evidence. The other issues were not addressed as they are remanded.

The veteran's lumbosacral strain with degenerative disc disease, status post S1 foraminotomy and laminotomy is rated at 40 percent prior to September 23, 2002. From that date, he is entitled to a separate rating of 10 percent each for right and left lower hypesthesia due to lumbosacral strain with degenerative disc disease, status post S1 foraminotomy and laminotomy.

The Board has remanded the case due to incomplete information and evidence, requiring additional examinations and development of records from Social Security Administration.