Sleep apnea decisions — 2006

The veteran's initial evaluations for lumbosacral strain, gastroesophageal reflux, sinusitis with allergic rhinitis, chondromalacia patellae of the right knee, chondromalacia patellae of the left knee, prostatitis, and bilateral flat feet have been denied.

The Board has denied the veteran's claims for service connection for various conditions, including sinusitis, allergic rhinitis, lumbosacral strain, myositis of the shoulders, hips and elbows, difficulty sleeping, generalized weakness and fatigue, and headaches. The denial is based on medical evidence that these conditions were not incurred or aggravated during military service.

The Board has determined that the veteran's sleep apnea is related to his military service and grants service connection for this condition.

The Board denied service connection for inservice exposure to herbicides, including Agent Orange due to the presumption of exposure. The veteran's claims for diabetes mellitus, headaches, and a lumbosacral disorder were also denied as there was no positive association between these conditions and his military service.

The veteran's claim for an increased rating for chronic lumbosacral strain and disc disease is being remanded due to the need for additional development.

The Board denied the veteran's claim for an increased rating for his lumbosacral strain, finding that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has determined that the RO did not provide sufficient information about what evidence would be necessary to reopen the veteran's claim for service connection, and thus the case is being remanded for further action.

The veteran is seeking a specific evaluation for his lumbosacral strain with osteoarthritis, which was granted in June 1997. The case has been remanded due to procedural issues.

The Board found that the veteran's service-connected disabilities did not prevent him from obtaining and retaining substantially gainful employment, leading to a reduction of his TDIU rating. The motion argues this decision was incorrect due to failure to apply the correct standard for terminating TDIU.

The Board found no direct or indirect relationship between the veteran's lumbar spine disability and her service-connected left knee injury, thus denying her claim for service connection.

The Board has granted an increased rating of 20 percent for lumbosacral strain with arthritis, effective June 2003. The claim for an increased rating for gastroesophageal reflux disease (GERD) is remanded.

The Board denied the veteran's claims for service connection for PTSD and rosacea, finding no evidence of a current diagnosis or link to service.

The Board found no clear and unmistakable error in the July 7, 1994 rating decision that denied service connection for lumbosacral strain.

The Board has denied the veteran's claims for service connection for hypercholesterolemia, hypertension, degenerative disease of the lumbosacral spine, and bilateral hearing loss due to lack of evidence linking these conditions to his service.

The veteran's claim for a disability rating in excess of 20 percent for his service-connected degenerative arthritis of the lumbodorsosacral spine is being remanded due to incomplete examination records and the need for additional medical evaluations.

The Board has determined that the veteran's service-connected chronic lumbosacral joint sprain warrants a disability rating of 40 percent, reflecting severe limitation of motion in the thoracolumbar spine.

The Board denied service connection for hypertension and sleep apnea as secondary to the veteran's service-connected diabetes mellitus.

The veteran's claims for increased ratings for his service-connected degenerative joint disease/degenerative disc disease of the lumbosacral spine, left knee, and right knee were denied as he does not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board has determined that the veteran's sleep apnea is secondary to his service-connected nasal fracture, and granted service connection for this condition.

The veteran's appeal for an increased disability rating for degenerative arthritis of the lumbosacral spine secondary to trauma has been dismissed as he expressed satisfaction with the assigned ratings.