Sleep apnea decisions — 2007

The Board denied the veteran's claim of service connection for post-traumatic discogenic disease of the lumbosacral spine, finding that new and material evidence had been submitted but concluding that the condition was not incurred in or aggravated by active military service.

The veteran's claims for increased ratings and service connection have been denied. The RO found no new and material evidence to reopen the previously denied claim of osteomyelitis of the right humerus, and denied compensation under 38 U.S.C. § 1151 for numbness and paralysis of the arms and legs as well as a small hole in the esophagus.,The veteran's left leg sciatica and radiculopathy claim was granted with a 20% disability rating, but he appealed this decision.

The Board denied service connection for hypertension and an increased rating for lumbosacral strain, finding no evidence of a nexus to the veteran's military service or service-connected condition.

The veteran's claims for PTSD, depression, bilateral hearing loss, left knee injury, prostatitis, and right shoulder fracture were denied on the merits. The claim for a compensable evaluation for service-connected hemorrhoids was not addressed in this decision.

The Board has denied the veteran's claims for service connection for low back disorder, bilateral thigh disorder, and bilateral hip disorder. The evidence does not support a finding that these conditions are related to his military service or any service-connected disabilities.

The veteran's service-connected lumbosacral strain with degenerative disc disease and osteoarthritis meets the schedular requirements for a TDIU, but his disability is not of such severity as to render him unemployable.

The veteran's claim for an earlier effective date for service connection of retinitis pigmentosa is granted, with the effective date set at July 15, 1999.

The Board found no evidence of sleep apnea during active service and denied the claim for service connection. The hearing loss issue is pending due to a need for further examination.

The Board has granted a disability rating of 20 percent for lumbosacral strain effective October 28, 1998.

The Board has remanded the case for additional development, including a VA examination to determine if any current low back disability is related to active military service and whether there is evidence of any superimposed injury. The secondary service connection claims will be deferred until the primary claim for service connection for a low back condition is resolved.

The Board found that the veteran's lumbar strain did not meet or approximate the criteria for a higher rating, as her disability was characterized as moderate to moderately severe but not severe enough to warrant a 40% evaluation under the old or new rating criteria. The claim for an increased rating remains denied.

The Board has determined that the veteran's sleep apnea is related to his military service and grants the claim for service connection.

The VA denied the veteran's claim for service connection for sleep apnea, finding that there is no evidence linking his current diagnosis to active service.

The Board denied the veteran's claims for service connection for sleep apnea and an initial rating in excess of 10 percent for his left knee disability. The decision found no nexus between current diagnoses and service, with a ruling out of sleep apnea and a finding that the left knee condition is not severe enough to warrant a higher rating.

The VA denied an increased rating for the veteran's service-connected lumbosacral strain with radiculopathy, as his disability did not meet the criteria for a higher rating under the applicable diagnostic code.

The Board denied service connection for a low back disability and sleep apnea, finding no evidence of such conditions in service or related to service. The claim for tinnitus was not reopened due to lack of new and material evidence.,Service connection for right shoulder separation remains at 30%.

The Board has denied the veteran's claims for service connection for sinusitis, oropharyngeal airway restriction (claimed as a respiratory disorder), and sleep apnea. The evidence does not support a finding of chronic conditions during service or otherwise related to military service.

The veteran's back condition is manifested by pain and stiffness after lifting, bending, and extended standing. He uses various prescription medications for pain relief, especially during flare-ups that require temporary rest. The combined range of motion is 280 degrees with no additional limitation on repetition.

The Board has granted service connection for the veteran's lumbosacral strain and radiculopathy of the lower extremities, assigning a 20 percent disability rating for each condition.

The veteran's appeal is being remanded due to the need for a video conference hearing at the RO in Huntington, West Virginia.