Sleep apnea decisions — 2007

The Board denied the veteran's claims for service connection due to lack of new and material evidence, as well as his bilateral hearing loss and left eye/ear disorders.

The veteran's appeal is being remanded for further evaluation of his bilateral hearing loss and lumbosacral strain, with a focus on whether these conditions are related to his service-connected knee condition or military service.

The VA has determined that the veteran's lumbosacral radiculitis and myofasciitis with residuals associated with repeated coccygeal surgical procedures warrants a 20 percent rating, which is the maximum schedular evaluation available under Diagnostic Code 5292. The evidence does not support an increase in this rating.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private medical center on January 4, 2004 is denied as there was no emergency condition that would have been hazardous to life or health if delayed.

The veteran's claim for service connection for burn scars of the back was denied as there is no medical evidence linking her current condition to a burn injury sustained during active duty.,For residuals of a left ankle sprain, the veteran did not meet the criteria for a compensable rating prior to June 28, 1999. A 10% rating was granted effective from that date.

The veteran's lumbosacral strain with osteoarthritis is rated at 40% since November 22, 2005. His headaches are not service-connected and his memory loss is rated at 10%. The decision is mixed as some issues were granted while others were denied.

The Board denied the veteran's claims for increased ratings for his service-connected tinnitus and chronic lumbosacral strain with degenerative disc disease, finding no legal basis for an increase in either rating.

The veteran's claim for a higher rating for his lumbosacral and thoracic spine disability, including degenerative disc disease, was denied. The right shoulder cyst claim also resulted in a denial.

The Board has determined that the veteran's current lumbosacral strain is related to service, but his degenerative disc and joint disease are not. Service connection for the lumbosacral strain is granted.

The veteran's claim to reopen for service connection for a low back disability is being remanded due to the need for additional notice and development.

The Board found that the veteran did not incur any in-service lumbrosacral injury or disease, and thus denied his claim for service connection.

The Board found no evidence linking the veteran's current sleep apnea, vision loss, diarrhea, or coronary artery disease to his period of service.,Coronary artery disease was not shown to have had its onset during service.

The Board has determined that the veteran's degenerative disc disease of the lumbosacral spine, which was present during her period of active duty in 2004, is incurred in active air service and granted service connection.

The veteran's service-connected disabilities did not prevent him from engaging in employment consistent with his education and occupational experience prior to March 24, 2005.

The veteran's claim for service connection for sleep apnea was denied.,For the right shoulder disability, a 30% evaluation was granted prior to July 30, 2002 and from July 30, 2002 through September 21, 2006. The veteran's claim for an increased rating beyond these periods is denied.

The veteran's sleeping disorder, including sleep apnea, is granted service connection. The veteran's hypertension is granted a 10% evaluation. Service connection for the residuals of asbestos exposure is not addressed in this decision.

The Board has determined that the veteran's low back disorder, including lumbosacral strain with degenerative disk disease and sciatica, is attributable to service. As a result, the claim for service connection is granted.

The Board has determined that the veteran's chronic low back disability and obstructive sleep apnea are at least as likely as not related to his military service, warranting service connection.

The Board found that the veteran's fibromyositis of the lumbosacral region did not meet or approximate the criteria for a disability rating in excess of 40 percent, as there was no evidence of unfavorable ankylosis, incapacitating episodes due to intervertebral disc syndrome, or objective neurologic abnormalities associated with the service-connected condition.

The veteran's service-connected PTSD and GERD are not at issue. The Board denied the claims for increased ratings for these conditions. Service connection for a low back disorder, skin disorder, bilateral knee disorder, bilateral ankle disorder, respiratory disorder, and fevers were all denied as they were not incurred in or aggravated by active military service.