Sleep apnea decisions — 2006

The Board has granted service connection for residuals of septoplasty for deviated nasal septum and hypopharyngeal partial airway obstruction (sleep apnea) as a residual of orthognathic surgery, with an initial noncompensable evaluation for gastroesophageal reflux disease.

The veteran's claim is being remanded for additional development, including obtaining medical records and providing proper notice.

The veteran requested a rating in excess of 30 percent for obstructive sleep apnea from May 14, 2002 to January 8, 2004, and to a rating in excess of 50 percent thereafter. The appeal was dismissed due to the appellant's request for withdrawal.

The Board has remanded the case due to incomplete service medical records and a need for proper notice regarding disability ratings and effective dates.

The Board denied the veteran's claims for increased ratings for residuals of a fracture of the L-2 vertebra and degenerative arthritis of the lumbosacral spine, finding that the evidence did not warrant higher ratings under any applicable diagnostic codes.

The Board has found that the veteran's current right knee disorder is etiologically related to service, granting service connection for this condition.

The veteran's degenerative joint disease of the lumbosacral spine was manifested to a compensable degree within one year following his discharge from active service, and thus meets the criteria for service connection.

The Board denied the veteran's claims for increased disability ratings for his service-connected left knee synovitis and lumbosacral strain, finding that the evidence did not meet the criteria for higher ratings under the applicable VA rating schedules.

The veteran's claim for a higher rating for his degenerative disc disease of the lumbosacral spine is being remanded due to the need for additional examination and consideration of new evidence.

The veteran's claims for service connection for various conditions, including gas and constipation, irritable bowel syndrome, peripheral neuropathy of the lower extremities, coronary pulmonary disease, elevated cholesterol and triglycerides, sleep apnea, and Type II diabetes mellitus were denied. The Board found that these conditions did not meet the criteria for service connection based on their onset during or within one year after service.

The veteran's claims for increased ratings for his right and left knee disabilities, as well as lumbosacral strain, were denied by the Board of Veterans' Appeals.

The Board has determined that additional development is needed to address the merits of the veteran's claim for service connection for arthritis of the lumbosacral spine, including as secondary to his service-connected left knee injury. The case is being remanded for a VA examination and opinion from an orthopedic physician.

The veteran's claim for an increased rating for her degenerative disc disease of the lumbosacral spine at L5-S1 is being remanded due to a lack of VCAA notification and incomplete development.

The Board denied an increased rating for the veteran's service-connected lumbosacral strain with DDD and DJD, as his condition did not meet the criteria for a higher rating based on incapacitating episodes or other objective manifestations of disability.

The Board found that the appellant's claimed conditions of chondromalacia of the right and left knee, as well as lumbosacral strain with pain, limitation of motion, and x-ray evidence of degenerative disc disease at L2-3 through L5-S1, with spondylosis, were not incurred or aggravated by military service. The Board concluded that there was no credible evidence to support the appellant's claims.

The Board dismissed the appeal due to the appellant's request for withdrawal of his appeal.

The Board has remanded the case for further development due to incomplete information and evidence, including a need for additional examinations.

The Board has determined that the veteran's current disability ratings for lumbosacral strain with disc disease and duodenal ulcer disease are not supported by the evidence of record, thus denying his claims for restoration.

The Board has determined that the veteran's service-connected lumbosacral strain with degenerative disc disease warrants a 40 percent evaluation, which is higher than the current 20 percent rating.

The veteran's claims for service connection for various undiagnosed illnesses due to his service in the Southwest Asia theater during the Persian Gulf War were denied. The Board found that new and material evidence had been submitted, but did not establish a relationship between the claimed conditions and service.