Sleep apnea decisions — 2007

The Board has determined that the veteran's low back disability, diagnosed as degenerative joint and degenerative disc disease of the lumbosacral spine, is service-connected based on continuity of symptoms since service.

The Board denied the veteran's claims for increased disability ratings for his service-connected lumbosacral strain and TURP residuals, finding that the evidence did not show marked interference with employment or frequent periods of hospitalization due to these conditions.

The Board denied the veteran's claims for higher initial ratings for his lumbosacral strain, nonunion fracture of the right scaphoid, patellofemoral syndrome of both knees, and psoriasis. The RO found that these conditions did not warrant a rating in excess of 10 percent.

The Board has remanded the veteran's claims for increased ratings for his lumbar spine and right knee disabilities due to incomplete notice of applicable law, failure to consider all evidence, and need for further development.

The case is being remanded for additional development, including a VA examination and consideration of recent medical records.

The Board found that the veteran's retinitis pigmentosa was present at service entrance and did not increase in severity during service, thus denying service connection.

The veteran's claim for increased evaluations for his lumbosacral strain is being remanded to allow for additional development, including a VA examination and the obtaining of relevant medical records.

The Board finds that the veteran's current obstructive sleep apnea was incurred during his active military service and grants service connection for this condition.

The Board denied the veteran's claims of service connection for neuropathy of the right leg and a right elbow disorder, finding no current evidence of these conditions or any link to his service-connected lumbosacral strain with chronic myositis.

The Board has remanded the case for further development, including obtaining medical records and providing a VA examination to determine if the veteran's degenerative disc disease of the lumbosacral spine was incurred in or is related to military service.

The veteran's claim for an increased evaluation of his lumbosacral strain is being remanded due to the need for additional VA treatment records and a new orthopedic examination.

The Board has determined that the veteran's sleep apnea was not incurred or aggravated by service and is not proximately due to or the result of a deviated nasal septum.

The Board has determined that the veteran's service-connected allergic rhinitis may have aggravated his obstructive sleep apnea, and there is equipoise regarding whether PTSD aggravates restless leg syndrome. Therefore, both claims for secondary service connection are granted.

The veteran's claims for higher ratings for his lumbosacral intervertebral disc disease and right knee injury, as well as a TDIU prior to December 28, 2002, were denied by the Board.

The veteran's service-connected degenerative joint disease of the lumbosacral spine, cervical spine, right ankle, left ankle, right hand, and left hand have been evaluated based on their initial grant of service connection.,The veteran's service-connected degenerative joint disease of the right knee (previously characterized as chondromalacia) has also been evaluated based on its initial grant of service connection.

The Board has ordered the case to be remanded for further development, including obtaining medical opinions regarding whether the veteran's decreased visual acuity during service may have been an early manifestation of retinitis pigmentosa and identifying his mode of inheritance.

The veteran's appeal for service connection for sleep apnea as secondary to his already service-connected disabilities has been dismissed due to the death of the appellant.

The Board has denied service connection for a back disability and eye refractive errors. The issues of TMJ, anemia, and asthma are also denied.,There is no evidence to support the veteran's claims for these conditions.

The veteran's service-connected disabilities do not prevent him from engaging in employment consistent with his education and occupational experience.

The VA denied a higher disability rating for the veteran's lumbosacral fibromyositis, finding that it did not meet the criteria for a rating in excess of 20 percent.