Sleep apnea decisions — 2007

The veteran is seeking service connection for degenerative disc disease of the lumbosacral spine and herniated nucleus pulposus at L4-L5 and L5-S1. The case must be remanded to obtain additional medical records, provide proper notice under 38 U.S.C.A. § 5103(a) and 38 C.F.R. § 3.159(b), and then re-adjudicate the claim.

The Board has remanded the issues of service connection for psychiatric disorders, alcoholism, borderline personality disorder, left hip iliopsoas tendonitis, right hip iliopsoas tendonitis, and lumbosacral strain. The veteran will be notified if further action is required on her part.

The Board denied the veteran's claims for service connection of cervical and lumbosacral spine disorders, as well as his claim for residuals of a head injury. The Board found that new and material evidence had not been submitted to reopen any of these claims. Additionally, the Board determined that any residual disability from the September 1966 incident was due to the veteran's intoxication at the time.

The veteran's claims for increased evaluation, service connection, and reopening of a claim were denied. The RO found that the veteran did not meet the criteria for an increased rating or service connection based on his claimed conditions.

The veteran's claim for an increased rating for his lumbosacral spine disability was granted, with a current rating of 10 percent. The neurological manifestations were separately rated as 10 percent disabling.

The Board has granted a 20 percent rating for lumbosacral strain with disc disease and left lower extremity radiculopathy, effective from March 2001. The ratings for right and left knee internal derangement remain at 10 percent.

The Board denied the veteran's claims for service connection for Hepatitis C, hypertension, sleep apnea, and an acquired psychiatric disorder due to a lack of evidence showing these conditions had their onset during or were related to his active military service.

The Board found that the veteran's preexisting retinitis pigmentosa was aggravated during his active service.

The VA Appeals Resource Center granted an increased rating of 40 percent for the veteran's service-connected lumbosacral strain effective June 20, 2002. The claim is denied as there are no grounds to grant a higher rating.

The Board has granted a 30 percent evaluation for the veteran's service-connected sinusitis with headaches, effective from the date of the initial grant of service connection. The issue of service connection for sleep apnea is remanded.

The veteran's combined rating for service-connected disabilities has never reached 70 percent and there is insufficient evidence that the service-connected disabilities render him unable to secure or follow a substantially gainful occupation. Therefore, TDIU is denied.

The veteran's cervical degenerative disc disease is not service-connected and his lumbosacral strain with herniated nucleus pulposus, L5-S1, does not warrant a higher disability rating.

The veteran's claims for service connection and increased ratings were denied. The Board found no evidence of a left knee disorder related to service or service-connected conditions, and the lumbosacral strain and left clavicle fracture residuals did not meet criteria for higher ratings.

The Board found no current obstructive sleep apnea or limb movement disorder, and determined that the veteran's conditions are not related to his service-connected hypertension.

The Board granted service connection for lumbosacral spine disorder and assigned a 20% rating effective May 16, 2006. The right leg radicular symptoms were rated at 10% from September 23, 2002 to May 16, 2006 and at 40% thereafter.

The Board granted an initial evaluation of 40 percent for the service connected lumbosacral strain from August 4, 1997 to October 27, 1998.

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

The Board has determined that the veteran's dermatofibrosarcoma of the left lower extremity is not related to service and cannot be presumed due to Agent Orange exposure. The claim for service connection is denied.

The Board has determined that the veteran's low back disability warrants a 40 percent rating effective from May 7, 2004. The condition is characterized by severe limitation of movement and does not meet criteria for higher ratings based on incapacitating episodes or neurologic manifestations.

The Board denied the veteran's claims for increased ratings and TDIU, finding that his service-connected lumbosacral derangement with hypertrophic arthritis of the thoracolumbar spine is currently manifested by forward flexion to less than 30 degrees due to pain and dysfunction.