Sleep apnea decisions — 2007

The Board denied the veteran's claims for service connection for a low back disorder, claimed as spinal stenosis; entitlement to an increased rating for residuals of removal of his spleen; TDIU due to service-connected disabilities; and compensation under 38 U.S.C.A. § 1151 for additional back pain resulting from a May 2004 VA x-ray procedure.

The veteran's appeal is being remanded for the VA to obtain updated treatment records and conduct a VA examination to assess his service-connected low back disability and right lower extremity radiculopathy. The veteran will also be provided an opportunity to respond to the Supplemental Statement of the Case.

The Board has determined that the veteran's current low back disability is not related to service, and his sleep apnea was first diagnosed after service. The stroke is unrelated to service.,Service connection for residuals of a low back injury and residuals of a stroke are denied as there is no evidence linking these conditions to service.

The Board has determined that the veteran's cervical and lumbosacral spine disabilities are not service-connected as they were not shown to be related to his military service.

The VA denied the veteran's claim for service connection for a low back disorder on a direct basis, finding that there is no evidence linking his current condition to his military service.

The Board has denied the veteran's claims for service connection for a chronic lumbosacral strain, a skin disorder (prurigo nodularis), and hypertension. The reasons are provided in the decision summary.

The veteran's service connection claim for degenerative joint disease of the lumbosacral spine, claimed as a low back disability, is granted.

The Board has determined that a compensable rating for hypertension is not warranted. The veteran's current 20 percent evaluation for degenerative arthritis of the lumbosacral spine and his 10 percent evaluation for right S1 radiculopathy are denied.

The Board has determined that the veteran's rosacea is not related to service, and therefore denied his claim for service connection.

The veteran's lumbosacral strain disability is currently rated at 40 percent, which is the maximum schedular rating available under current criteria. The Board found no basis for a higher evaluation and denied both his claim for an increased rating and his TDIU request.

The veteran's degenerative arthritis and degenerative disc disease of the lumbosacral spine are currently rated at 40 percent, effective January 1, 2002. The residuals of a fracture of the left femur with arthritis of the left hip remain at 20 percent. The hearing loss in the left ear is rated as noncompensable.

The Board found that the veteran's obstructive sleep apnea and degenerative joint disease of the lumbar spine are not related to his military service, and thus denied both claims.

The Board found that the veteran's lumbar spine disorder did not meet or approximate the criteria for a rating in excess of 10 percent, as it only manifested with characteristic painful motion and slight limitation of motion.

The Board denied the veteran's claims for service connection for a bilateral knee disability, excessive fatigue/chronic fatigue syndrome, and sleep apnea. The Board found that these conditions were not related to his military service.

The Board found that the veteran's service-connected lumbar spine disability did not warrant a rating in excess of 10 percent, as his symptoms did not equate to moderate intervertebral disc syndrome with recurring attacks and only intermittent relief.

The Board has granted service connection for sleep apnea as secondary to the veteran's service-connected bronchial asthma. The claim for an increased evaluation for bronchial asthma is denied.

The veteran has withdrawn his appeal for an increased rating of his lumbosacral strain, and the Board dismisses this appeal.

The veteran seeks service connection for chronic low back pain, degenerative disc disease (DDD) of the lumbosacral spine, and mid-lumbar scoliosis. The Board has determined that a remand is necessary to obtain an orthopedic examination to determine the nature and etiology of her current low back condition.

The Board found that the veteran's flatfeet and sleep apnea were not incurred in or aggravated by active military service. The evidence did not establish a link between these conditions and service.

The VA denied the veteran's claim for an evaluation in excess of 40 percent for lumbosacral strain with degenerative disc disease, to include sciatica and radicular pain to the lower extremities.