Sleep apnea decisions — 2007

The Board found that the veteran's sleep apnea and narcolepsy are not related to his service-connected psoriasis, thus denying his claims for service connection.

The veteran's claim for an increased rating for his lumbosacral strain was denied because he failed to appear for a scheduled VA examination.

The Board has granted the request to reopen the claim for service connection for lumbosacral strain, but has remanded the case for further development and adjudication on the merits.

The Board found that new and material evidence had not been presented to reopen the veteran's claim for service connection of a peroneal nerve disorder. The appeal regarding an increased rating for lumbosacral strain with degenerative disc disease was denied as well, due to lack of incapacitating episodes or ankylosis of the spine. The TDIU issue was not addressed.

The veteran's claim for an increased evaluation of lumbosacral strain is being remanded due to the need for additional development and a Travel Board hearing.

The Board found that the veteran's lumbosacral strain does not warrant a rating higher than 20 percent, as her range of motion is consistent with moderate limitation of motion.

The veteran claims service connection for retinitis pigmentosa, which he alleges was present prior to and aggravated during his military service. The case is being remanded for further examination and opinion regarding the timing of the onset of the condition.

The Board has granted a 60 percent evaluation for the veteran's post-operative low back injury with degenerative disc disease of the lumbosacral spine, effective from September 23, 2002.

The Board has determined that the evidence is at least in equipoise as to whether the veteran's current lumbosacral strain is related to his service, and thus grants service connection for this condition.

The veteran was granted a TDIU and DEA benefits effective March 18, 2000. The RO assigned an effective date of January 13, 2000 for the grant of these benefits.

The Board has determined that the veteran's service-connected residuals of a right leg injury resulting in a calcified subperiosteal hematoma to the middle third of the right femur do not warrant an increased disability rating. The veteran also does not have a currently diagnosed left knee disorder or low back disorder, and any current degenerative disc disease is proximately due to his service-connected right leg disability.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for mechanical back pain with old healed traumatic residual features of lower thoracic spine, degenerative disc disease and arthritis of the lumbosacral spine, and anterior compression of L1. The claim is granted as the veteran's condition was not incurred in or aggravated by active service.

The Board has denied the veteran's request to reopen his claim of service connection for a low back disability, finding that no new and material evidence was presented since the last denial in November 2001.

The Board has remanded the case for further development due to incomplete medical opinions and other procedural issues.

The Board found that the veteran's service-connected low back disorder is currently rated at 10 percent and does not warrant a higher rating.

The Board has determined that the veteran's degenerative disc disease of the lumbosacral spine is related to his active duty service and grants service connection for this condition.

The VA denied the veteran's claims for increased ratings for his service-connected osteoarthritis in the left shoulder and lumbosacral strain, finding that the current ratings adequately reflect the severity of these conditions.

The Board has determined that the veteran does not meet the criteria for service connection for liver disease, temporomandibular joint syndrome, or sleep apnea. The claim for increased evaluation of PTSD and compensable rating for bilateral hearing loss is also denied.

The Board has determined that the veteran's current bilateral knee and lumbosacral spine DJD are as likely as not related to service, including his reported in-service injuries. As a result, both claims for service connection have been granted.

The veteran's case is being remanded for additional medical records and a VA examination to assess the severity of his lumbosacral strain.