Sleep apnea decisions — 2007

The Board found that the veteran's lumbosacral spine disability was not incurred in or aggravated by his active service and denied his claim for service connection.

The VA determined that the veteran's degenerative lumbosacral disc disease warranted a disability rating of 40 percent, which is in line with his current condition.

The veteran's claims for increased evaluations for his lumbosacral spine and cervical spine conditions, as well as GERD, were granted. The veteran now receives a 40 percent evaluation for his degenerative joint disease of the lumbosacral spine since January 13, 2004, and a 30 percent evaluation for his degenerative disc disease and spondylosis of the cervical spine since January 13, 2004. The veteran's GERD is rated at 30 percent.

The Board has reopened the veteran's service connection claim for herniated intervertebral disc at L4-5 and L5-S1, and finds that his current lower back disability is linked to service. The Board also grants service connection for degenerative disc disease of the lumbosacral spine.

The VA determined that the veteran's obstructive sleep apnea was not incurred or aggravated by his military service.

The Board denied the veteran's claims for increased ratings for his lumbosacral strain with degenerative changes, finding that prior to April 1, 2005, the disability was only manifested by mild impairment.

The Board has remanded the case due to the need for additional medical records and proper notice. The veteran's claims of increased disability rating for sleep apnea syndrome and service connection for bilateral hearing loss are pending.

The Board has denied the veteran's claims for service connection for sleep apnea, hypertension, and degenerative joint disease of the knees. The appeals are based on a back disability that was not initially diagnosed until years after service.,No new evidence has been received to reopen the claim for a back disability.

The Board denied the veteran's claims for service connection for a respiratory disorder, sleep apnea, and pedal edema/hypertension due to asbestos exposure. The evidence did not establish that these conditions were incurred in or aggravated by service.

The Board granted service connection for hypertension and denied service connection for cardiomyopathy, arthritis, bilateral hearing loss, peptic ulcer disease, and obstructive sleep apnea. The cause of the veteran's death was found to be due to or as a consequence of hypertensive cardiovascular disease.

The VA denied a rating in excess of 10% for the veteran's lumbosacral strain, finding that the evidence did not meet the criteria for a higher rating.

The veteran's claims for service connection have been denied. The Board found no justiciable case or controversy with respect to the claim of entitlement to service connection for strep throat, as it was already granted in full in 1971. For the remaining issues, the veteran did not meet the criteria for a compensable rating for his right hip scar and chronic tonsillitis.

The veteran's claim for increased ratings for several service-connected disabilities was granted, with the initial rating of 20 percent assigned for lumbosacral strain with disc bulge at L5-S1 prior to March 6, 1999 and a staged rating of 20 percent from that date. A separate 10 percent evaluation was also granted for neurologic manifestations of the service-connected low back disability as of September 23, 2002. The veteran's left ring finger amputation received a 10 percent initial rating, while his umbilical hernia did not meet the criteria for a higher rating.

The veteran's disabilities do not render him in need of regular aid and attendance or permanently housebound, as determined by VA examiners.

The veteran's service-connected degenerative disc disease of the lumbosacral spine was rated at 10 percent since October 18, 2000 and increased to 20 percent effective May 15, 2006. The current rating is appropriate based on his symptoms.

The Board denied an increased rating for a scar as a residual of excision of dermatofibrosarcoma of the left thigh, finding that the veteran's symptoms did not meet the criteria for a compensable rating.

The Board has remanded the case due to missing service medical records and other evidence. The veteran's claims for service connection are being reviewed, along with his ratings for various disabilities.

The Board has determined that the veteran does not have a current diagnosed disability of any claimed conditions, and thus service connection cannot be granted for these issues.

The veteran's asthma and obstructive sleep apnea are service-connected, but his cervical spine disability is rated at the highest possible level of disability.

The Board has determined that the veteran's service-connected lumbosacral spine disability, along with other non-service-connected conditions, does not alone render him unemployable. Therefore, his claim for a total disability rating based on individual unemployability is denied.