Sleep apnea decisions — 2006

The Board denied service connection for a lumbosacral spine disability, finding that the veteran's current condition was not incurred in or aggravated by active service and is not proximately due to, the result of, or aggravated by any disease or injury incurred in or aggravated by service.

The Board has determined that the veteran's service-connected disabilities do not warrant a higher rating based on the current evidence of record.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claims for service connection for sleep apnea and a sinus condition. However, the evidence does not establish that these conditions had their onset during service or are otherwise related to his military service.

The Board found no evidence of in-service injuries or conditions that could be linked to the veteran's current disabilities. The claims for service connection were denied.

The Board denied the appellant's claim for additional vocational rehabilitation training under Chapter 31, finding that his ability to complete courses for medical school did not meet the criteria for such benefits.

The Board found that lumbosacral strain does not currently exist and denied the veteran's claim for service connection.

The veteran's claims for increased ratings for lumbosacral strain with degenerative disc disease of the lumbosacral spine and neurological manifestations to his right lower extremity were denied. The RO continued the evaluations at 10 percent prior to December 16, 1998, and at 20 percent thereafter.

The Board has determined that the veteran's retinitis pigmentosa existed prior to service and was not aggravated during active duty, thus denying service connection.

The Board has granted a 20 percent evaluation for the veteran's chronic T12 and L1 vertebral compression fracture residuals, which were previously rated as 10 percent.

The veteran's low back disability, characterized by lumbosacral strain and degenerative arthritis, is currently rated at 10 percent. The evidence does not meet the criteria for a higher rating.

The Board has determined that additional development is needed to properly adjudicate the claim, including obtaining medical records and arranging for a VA examination.

The Board denied the veteran's claims of service connection for bilateral plantar fasciitis and a lumbosacral disability, finding that there was no evidence to support direct service connection or secondary service connection due to his pre-existing foot condition. The Board also found clear and unmistakable evidence that the veteran's preexisting plantar fasciitis did not worsen during service.

The veteran's claims for service connection and increased ratings have been denied. The Board found no current left hip condition, and the lumbosacral spine disorder was not productive of complete bony fixation or incapacitating episodes as required for a higher rating.

The Board has granted service connection for traumatic arthritis of the lumbosacral spine and assigned a 10 percent rating, effective August 26, 2000.

The veteran's dysthymia is rated at 30 percent, and he remains unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Board has granted a 40 percent disability rating for the veteran's sciatica of the left lower extremity, effective September 23, 2002. The veteran's low back disability claim includes complaints and contentions with respect to both orthopedic and neurologic symptomatology.

The Board has determined that the RO's decision denying service connection for obstructive sleep apnea syndrome is not final and requires further development before a final determination can be made.

The VA denied an increased rating for the veteran's degenerative osteoarthritis of the lumbosacral spine, as his disability did not meet the criteria for a higher rating.

The Board has granted a 10 percent rating for lumbosacral strain, including early discogenic changes at L3-4 and L4-5. A separate compensable rating of 10 percent is also granted for pain in the left leg, radiculopathy of the left lower extremity from September 23, 2002.

The Board denied the veteran's claims for initial evaluations in excess of 10 percent for lumbosacral strain and acne vulgaris, finding that her symptoms did not warrant a higher evaluation based on the criteria at the time.