Sleep apnea decisions — 2006

The veteran is seeking an increased rating for his service-connected lumbosacral strain, which is currently rated at 10 percent. The case has been remanded due to the need for a video conference hearing.

The veteran's headaches are due to an undiagnosed illness that was incurred in service.,The currently demonstrated lumbosacral strain is shown as likely as not to be due to injury suffered during the veteran's period of service.

The Board granted an initial 60 percent evaluation for the veteran's chronic post-operative lumbosacral spine disability with degenerative disc disease and lumbosacral strain during the entire appeal period.

The Board denied service connection for sinusitis and sleep apnea as there was no evidence of a chronic disability during active duty or post-service, and the veteran's current symptoms were not related to his military service.

The VA denied the veteran's claim for an increased evaluation of his lumbosacral strain, currently rated at 20 percent. The evidence showed moderate severity with limited range of motion.

The veteran's appeal was denied because he did not file a timely substantive appeal regarding the January 2003 rating decision that granted service connection for retinitis pigmentosa with an effective date of March 27, 2000.

The Board has determined that a chronic lumbosacral strain was neither incurred in nor aggravated by service, and thus denied the veteran's claim for service connection.

The Board found that the veteran's current degenerative joint disease/degenerative disk disease of the lumbosacral spine is the result of aggravation during service, and granted service connection for this condition.

The veteran's claims for service connection for COPD, asthma/emphysema, sleep apnea, and prostate condition are denied as they are barred by law due to the provisions of 38 U.S.C.A. § 1103.

The Board has determined that the veteran's service-connected lumbosacral strain warrants a 20 percent rating, reflecting severe disability with forward flexion of the cervical spine not exceeding 15 degrees.

The Board has denied the veteran's claim for an increased evaluation for tinea versicolor of the chest, shoulders and upper back as there are no clinically identified manifestations of TV or any residuals thereof upon which to base a compensable evaluation.

The veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher disability ratings under VA rating criteria.

The Board has denied the veteran's claim for an effective date prior to June 20, 2000 for service connection for diabetes, lumbosacral strain, right and left foot polyneuropathy, and a right hand disability.

The veteran seeks compensation under 38 U.S.C.A. � 1151 for headaches, shortness of breath, sleep apnea, and redness of the face as a result of medication prescribed by VA. The Board finds that another medical examination is necessary to determine if any additional disabilities are due to carelessness or fault on the part of VA.

The Board has granted a disability evaluation of 60 percent for service-connected lumbosacral disc disease with arthritis prior to December 19, 2002.

The Board has ordered a remand to obtain additional medical records and examinations for the veteran's lumbosacral strain and tinea versicolor, as well as to ensure that all development actions have been conducted in full.

The veteran's lumbosacral strain is rated at 20 percent since July 10, 1997. The claim for increased evaluation of the right hip bursitis was granted with a 10 percent rating effective from the date of claim.

The Board denied a higher disability rating for sleep apnea syndrome and denied service connection for bilateral hearing loss.

The veteran's service-connected lumbosacral strain was evaluated at a 10 percent rating for the period from October 2, 1997 to October 3, 2004. The claim for an increased evaluation is denied.

The Board has denied the veteran's claims for service connection for a left knee disability and an increased rating for his lower back disability due to failure to report for scheduled VA examinations.