Sleep apnea decisions — 2007

The veteran's service-connected right knee injury with degenerative joint disease and postoperative residuals, herniated nucleus pulposus, lumbosacral spine were granted increased evaluations to 40 percent. The compensable evaluation for kidney stones was denied.

The veteran's appeal is being remanded due to the submission of additional private treatment records and his request for a hearing. The RO must consider these new pieces of evidence and provide an opportunity for the veteran to respond before readjudicating the claim.

The Board denied the veteran's claims for an increased evaluation for his service-connected fracture of the left fourth metacarpal and service connection for sleep apnea, finding that there was no causal relationship between his service-connected allergic rhinitis and sinusitis and his claimed sleep apnea.

The Board denied a higher rating for lumbosacral strain, finding that the current 40 percent rating under Diagnostic Code 5295 is appropriate given the veteran's symptoms and range of motion.

The veteran's claim for an increased disability rating for degenerative arthritis of the lumbodorsal and lumbosacral spines is being remanded due to incomplete examination findings.

The Board has determined that the veteran's current degenerative changes of the lumbosacral spine are related to his in-service injury, and thus service connection is granted.

The veteran's lumbosacral strain was rated at 10 percent prior to January 24, 2004 and at 20 percent from that date. The appeals for higher ratings were denied.

The Board has determined that a remand is necessary to address the veteran's claims for service connection due to conflicting medical opinions regarding PTSD, potential need for additional evidence from SSA, and incomplete notification of the claimant.

The veteran's claim for an increased disability rating for his service-connected chronic lumbosacral strain with spondylolysis defect L/5 and spina bifida occulta defect S/1 is being remanded due to the need for proper VCAA notice.

The VA denied the veteran's claim for service connection of a lumbosacral spine disability, concluding that there is no evidence linking his current condition to his military service.

The Board has denied the veteran's claims for service connection for right ankle, lumbosacral spine, and cervical spine disorders. The claim for right knee disorder is pending as it may be related to a pre-existing condition.

The Board has determined that the veteran was not entitled to a total disability rating for 10 years prior to his death, and therefore does not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318.

The Board denied reopening the claim for service connection for lumbosacral strain and denied an evaluation in excess of 50 percent for PTSD. The appellant's PTSD is primarily manifested by intrusive memories, social withdrawal, and irritability without significant workplace impairment.

The Board has determined that the veteran's back disability, degenerative arthritis of the lumbosacral spine, was not incurred in or aggravated by service. The current condition is unrelated to a disease, injury, or event of service origin.,Arthritis of the right hip and left hip are not currently shown.

The Board denied the veteran's claim for service connection for paravertebral muscle spasms of the lumbar spine, finding no competent medical evidence linking his current disability to his in-service injury.

The Board finds the evidence to be in relative equipoise, finding that the veteran's current degenerative disc and joint disease of the lumbosacral spine with spinal stenosis is as likely as not due to a disease or injury incurred during service. Therefore, service connection for this condition is granted.

The veteran's claim for a temporary total disability rating based on unemployability due to service-connected disabilities is being remanded for further development, including obtaining medical opinions and Social Security Administration records.

The Board has denied the veteran's claims for a compensable rating for burn scars, service connection for lumbosacral disability, and service connection for left knee disability.

The Board granted service connection for the veteran's low back disability and assigned a 20 percent rating. The appeal regarding rheumatoid arthritis, deformity of the hands, and sleep apnea is remanded.

The veteran's low back condition, characterized by degenerative disk disease and spondylolisthesis, is currently rated at 20 percent. The Board found that the current manifestations do not warrant a higher rating.