Sleep apnea decisions — 2007

The Board denied service connection for various conditions, including a lumbosacral strain, residuals of excision of warts on the right hand, residuals of frostbite of the nose, and fractures of the fingers and ribs. Service connection was also denied for hemorrhoids, heart condition, prostate cancer, and right ear hearing loss.

The veteran's claim for increased ratings for her service-connected disabilities has been granted. She is now rated at 40 percent for chronic lumbosacral fibromyositis with left L4-S1 radiculopathy and degenerative joint disease, effective from the date of the decision. For cervical fibromyositis with right C6 radiculopathy, she receives a 30 percent rating prior to May 19, 2003, and a 40 percent rating since that date.

The veteran's claim for a higher rating for his service-connected degenerative disc disease of the lumbosacral spine was partially granted, with a separate initial 10 percent rating assigned for radiculopathy. The RO also continued the previously assigned 40 percent rating for DDD. The decision is mixed as some issues were granted and others not.

The veteran's claims for service connection for various conditions have been withdrawn.

The VA has determined that the veteran's service-connected sleep disability does not warrant a compensable rating as it does not result in persistent daytime hypersomnolence, and thus no higher rating can be assigned.

The veteran's appeal is being remanded due to the need for a videoconference hearing. The specific issues of service connection are still pending.

The Board found no evidence of a lumbosacral strain or left knee disorder during active duty service, and thus denied the veteran's claims for service connection. The appellant did not provide worker's compensation records to support his claim.

The veteran's left ankle sprain is currently rated at the noncompensable level.,The veteran's status post vasectomy with vasovasectomy and orchipexy secondary to a retractable right testicle was properly rated at the 10 percent level from March 1996.,The veteran's L5 nerve root irritation with a history of lumbosacral strain and narrowing of L4-L5 is currently rated at the 20 percent level, effective March 1996. The appeal for an increased rating remains denied.,The veteran's degenerative joint disease of the right shoulder was properly rated at the noncompensable level.

The Board finds that new and material evidence has been submitted to reopen the claim of service connection for a low back disorder. The veteran's chronic lumbosacral strain with bulging disc is found to be related to his service-connected left knee disability, warranting secondary service connection.

The Board has denied the veteran's claim for service connection for sleep apnea, including as secondary to his service-connected prostate cancer, COPD, low back strain, and right shoulder disorder.

The Board denied a rating in excess of 10 percent for chronic lumbosacral strain prior to February 20, 2006.

The veteran's appeal is remanded due to the need for additional medical records and examination.

The veteran's appeal for service connection for a ventral abdominal wall hernia was dismissed. The Board found that the veteran withdrew his appeal as to this issue prior to the decision being made. For the issue of sleep apnea, the Board granted service connection based on evidence showing it is related to military service.

The Board denied the veteran's claims for service connection for a cardiac disability, headaches, and sleep apnea. The claim for respiratory disability is remanded.

The Board denied the veteran's claim for service connection for lumbosacral strain with degenerative arthritis, finding that there was no competent medical evidence linking his current low back disability to his service-connected right knee disability.

The Board denied the veteran's claims for increased disability ratings for her service-connected lumbosacral DDD, finding that the evidence did not support a higher rating since May 26, 2006.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and VA medical records. The veteran's neck condition is also being considered on both a direct and secondary basis to his lumbar spine disorder.

The veteran's service-connected disabilities, including lumbosacral paravertebral myositis, satisfy the percentage requirements for TDIU. The case is REMANDED to afford the veteran a VA examination to assess whether his service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The veteran's claim of service connection for hearing loss in the left ear is denied by operation of law.,The veteran's initial rating claims have been granted, with a 30 percent rating assigned for his right knee disability.

The veteran's service-connected lumbosacral strain is currently rated at 20 percent, and the RO has granted this rating effective September 30, 1999.