Sleep apnea decisions — 2006

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine the etiology of any back or hip disability found.

The Board has remanded the case due to the need for a VA examination to determine if the veteran's sleep apnea had its onset in service.

The Board is requesting additional medical evidence to determine if the veteran's liposarcoma, which was present during service, may be related to his death.

The Board found that the veteran's urinary incontinence did not manifest during service and is not related to his lumbosacral spine disability. The claim for an increased rating of the lumbosacral spine disability was also remanded.

The veteran's bilateral pes cavus with hammertoes and calluses have been granted service connection, effective from November 16, 2005. The right and left knee disorders are not service connected as secondary to his service-connected bilateral hammertoes.

The Board denied the veteran's claims for increased ratings and secondary service connection, finding that his hip fracture was not due to or aggravated by a service-connected right knee disorder. The gastric ulcer was rated as moderately severe but not severe. The low back disability did not meet criteria for higher ratings under either old or new rating criteria.

The veteran's skin condition was not related to his service, and the Board denied his claim for service connection.

The VA determined that the veteran's lumbosacral myositis warranted a 20 percent evaluation, which is higher than his current rating of 10 percent.

The veteran's claim for higher ratings for his low back disability and associated lumbar radiculopathy was denied. The RO found that the evidence did not support a rating in excess of 20 percent for lumbosacral strain with degenerative disc disease at L5-L1, or a rating in excess of 10 percent for left lower extremity, lumbar radiculopathy.

The veteran's breathing problems are attributed to sleep apnea, a known clinical diagnosis. The Board denied service connection as the condition is not due to undiagnosed illness or other qualifying chronic disability.

The Board found no evidence linking the veteran's current lumbosacral strain with arthritis to his military service, including a shrapnel wound in Vietnam. The claim was denied as there is insufficient medical evidence to support the connection.

The Board found that the veteran's service-connected lumbosacral spine disability, characterized by limited range of motion and daily pain with flare-ups at least three times a week, did not warrant an increased rating beyond the current 20 percent.

The Board has determined that the veteran's current low back pain is not related to any incident of service and therefore denied his claim for service connection.

The Board found that the veteran's claim for an earlier effective date for a 40% rating for lumbosacral strain was denied as there was no evidence of increased disability prior to August 29, 2000.

The Board denied higher ratings for lumbosacral strain and cervical spine disability, finding that the evidence did not meet the criteria for a rating in excess of 10 percent from February 18, 1997, or in excess of 20 percent since June 9, 2002.

The Board has ordered the VA to obtain in-service medical records and provide a VA examination for the veteran's sleep apnea claim. The case is now remanded for further development.

The Board granted service connection for degenerative disc disease of the lumbar spine as secondary to his service-connected lumbosacral strain. The issue of a rating in excess of 40 percent for lumbosacral strain after September 25, 2003 is remanded.

The veteran's service-connected tinea pedis and tinea manum with onychomycosis of the toenails are currently characterized by extensive exfoliation or crusting, warranting a 50% evaluation. The veteran's lumbosacral strain with degenerative disc disease is currently productive of moderate intervertebral disc syndrome, with recurring attacks, and moderate limitation of motion of the lumbar spine.

The Board denied the veteran's claims for increased ratings and service connection, finding that his conditions did not meet the criteria for compensable evaluations under VA rating criteria.

The Board denied the veteran's claim for a disability rating greater than 40 percent for his lumbosacral strain with degenerative joint and disc disease with limitation of motion.