Sleep apnea decisions — 2007

The Board has determined that the veteran's current low back disability is not related to his military service and therefore denied his claim for service connection.

The VA determined that the appellant's lumbar spine disability, evaluated at 20 percent, does not warrant an increased evaluation due to lack of evidence showing severe lumbosacral strain or severe limitation of motion.

The veteran's lumbosacral strain did not meet the criteria for a rating in excess of 10 percent prior to June 29, 2006, and was not productive of forward flexion of the thoracolumbar spine 30 degrees or less from June 29, 2006. The veteran's disability picture did not most nearly approximate the next higher rating under any applicable diagnostic codes.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection, but the claim is still denied as there is no competent medical evidence showing a link between his current low back condition and his military service.

The Board has granted a 60 percent rating for lumbosacral strain with disc disease from March 20, 1999 to February 22, 2000. The veteran's left ear hearing loss is considered service-connected.

The veteran's claims for increased disability ratings for lumbosacral strain, depression with anxiety, and headaches are being remanded due to the need for further development.

The Board denied the veteran's claims for service connection for tinnitus, a sleep disorder secondary to PTSD, and sexual dysfunction secondary to PTSD. The appeals for reopening of claims for pes planus and lumbosacral strain were not considered as they had been previously denied. The claim for an initial rating in excess of 50 percent for PTSD prior to January 25, 2006, was also denied.

The VA determined that the veteran's chronic lumbosacral myofacial strain does not warrant a higher rating than 40 percent, as there is no evidence of unfavorable ankylosis or incapacitating episodes meeting specific criteria.

The Board found that the veteran's service-connected chronic lumbosacral strain did not meet the criteria for an evaluation in excess of 20 percent.

The veteran's service-connected major depressive disorder is manifested by symptoms that include depression, anxiety, suspiciousness, alienation, varied affect, urgent speech, and sleep impairment, resulting in occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks. The claim for an increased rating for lumbosacral strain requires further examination.

The Board denied the veteran's claims for service connection for sleep apnea, chronic fatigue syndrome, sinusitis and respiratory disorder (claimed as weak lungs), residuals of pneumonia, hypertension, post-operative residuals of a benign fibroma of the right index finger, and residuals of a fracture of the fifth right metatarsal. The Board found that there was no evidence linking these conditions to service.

The veteran's fibromyalgia was not service-connected, but his lumbosacral strain with DDD resulted in a denied increased rating. The TDIU claim was granted.,The VA determined that the veteran's fibromyalgia is not related to his service-connected back disability and thus denied service connection for it.

The veteran's variously diagnosed psychiatric disorder, including sleep apnea, is rated at 30 percent. The rating for the psychiatric disorder was granted, but service connection for sleep apnea was also granted.

The VA denied the veteran's claims for a higher rating for his cervical spine condition and service connection for obstructive sleep apnea. The VA found that the veteran did not meet the criteria for an increased rating under the applicable diagnostic codes, and there was no evidence of service connection for obstructive sleep apnea.

The veteran withdrew his appeal for an increased evaluation of osteoarthritis of the lumbosacral spine with residuals of a compression fracture. The issue of service connection for status post-cervical discectomy was not addressed due to its nature as a non-service-connected condition.

The Board granted an increased evaluation of 60 percent for lumbosacral strain with degenerative disc disease at L5-S1, from September 23, 2002.

The veteran's low back disability, characterized by severe limitation of motion and constant pain, has been rated at 40 percent since March 2001. The current rating is the maximum allowed under the applicable diagnostic codes.

The Board denied the veteran's claim for service connection for non-tubercular pulmonary disease, diagnosed as COPD, emphysema, and obstructive sleep apnea, finding that the evidence did not support a direct or secondary relationship to his service-connected lung pathology.

The Board has determined that the veteran's dermatofibrosarcoma of the forehead was incurred in service and granted service connection for this condition.

The Board denied the veteran's claims for increased rating for lumbosacral strain, service connection for PTSD, and service connection for tinnitus and bilateral hearing loss. The decision also noted that VA treatment records from September 2006 relating to surgery on his cervical spine are not relevant to his current claim for an increased rating for his service-connected disability of lumbosacral strain.