Sleep apnea decisions — 2006

The VA denied the veteran's claim for an initial rating in excess of 40 percent for his lumbosacral strain with degenerative changes, as the disability is currently rated at 40 percent.

The Board denied the veteran's increased rating claims for lumbosacral strain and status post right elbow fracture, finding that the evidence did not support a higher rating under either the old or revised criteria.

The veteran's claim for higher evaluations for his right knee conditions and a TDIU was denied. His service-connected conditions include arthritis, multiple arthroscopy surgeries, irritable bowel syndrome, sleep apnea, prostatitis, hemorrhoids, chondromalacia patella, and traumatic arthritis of the right knee.

The Board found that the veteran's dermatofibrosarcoma protuberans of the left forearm is presumed to have been incurred in service due to exposure to Agent Orange, and granted service connection.

The Board found that the veteran's current low back disability was not incurred in or aggravated by her active service.

The Board found that the veteran's sleep apnea and bilateral toenail disability were not incurred or aggravated during service. The evidence did not support a connection to military service.

The Board has determined that additional RO action is warranted to ensure the veteran's low back disability is evaluated appropriately under the revised criteria for evaluating spine disabilities, effective September 26, 2003.

The Board has determined that the RO did not properly consider the veteran's claims for service connection and remanded them for further action.

The Board has determined that the veteran's preexisting retinitis pigmentosa was aggravated by active service, and therefore, service connection is granted.

The veteran's lumbosacral strain, including herniated disc on the right, is rated at 40 percent. Separate ratings of 10 percent are assigned for pain in the left leg and pain in the right leg, both from September 23, 2002.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for retinitis pigmentosa, which was previously denied in September 1991. The veteran's pre-existing condition is now considered aggravated by his military service.

The Board denied service connection for the cause of the veteran's death, finding that his fatal cardiac arrhythmia was not caused by any disease or injury incurred in service.

The Board denied the claim for an increased rating for residuals of a lumbosacral spine laminectomy and discectomy with a herniated nucleus pulposus, finding that the evidence did not show pronounced intervertebral disc syndrome or separately ratable neurological manifestations due to the service-connected lumbar spine disorder.

The veteran's low back disability, manifested by pronounced intervertebral disc syndrome with muscle spasm and intermittent relief of symptoms, warrants a 60 percent rating under the revised criteria for evaluating intervertebral disc syndrome.

The veteran's lumbosacral strain has been rated at 10 percent since the rating period on appeal, and a higher rating is denied.

The Board has denied the veteran's claims for increased ratings for his service-connected residuals of a fracture of the right mandible and lumbosacral strain, finding that the evidence does not support an increase in disability rating beyond the current 20% and 40% ratings respectively.

The VA determined that the veteran's low back disorder was not incurred in or aggravated by his active military service and is not related to his service-connected knee disabilities.

The veteran has withdrawn his appeal for increased evaluations of plantar fasciitis/heel spur syndrome and lumbosacral spine disorder with hypertrophic spurring and sacroiliac joint dysfunction.

The Board has denied the veteran's claims for increased ratings for depressive disorder and anorexia nervosa, finding that the evidence does not support a higher rating under the applicable VA disability rating criteria.

The veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and providing the veteran with an orthopedic examination.