Sleep apnea decisions — 2007

The Board denied the veteran's claims for increased evaluations for lumbosacral strain, finding that the evidence did not meet the criteria for an evaluation in excess of 10 percent from May 31, 2000 to January 30, 2003 and on and after January 30, 2003.

The Board found that retinitis pigmentosa was not incurred in or aggravated by active service and denied the claim.

The veteran's request to reopen his claim for service connection for sleep apnea was granted. However, the claim of entitlement to an evaluation in excess of 20 percent for a right knee disability is denied.

The Board denied the veteran's claims of service connection for lumbosacral strain, tinnitus, and residuals of toe fractures. The claims for higher initial ratings for knee disabilities (left knee status-post meniscectomy with chondromalacia of the patella, right knee strain with chondromalacia of the patella) and ankle sprains were also denied. The claim for a compensable initial evaluation for hypertension was not addressed as it is not related to service connection.

The Board has remanded the case for a VA orthopedic examination to diagnose any cervical and lumbosacral spine disabilities, if present, and to provide an opinion on their etiology. The veteran's service records show complaints of neck and back pain but no current diagnoses were made until after service.

The veteran's claim for an increased evaluation of his postoperative lumbosacral disc disease was denied as he failed to report for multiple scheduled VA examinations without showing good cause.

The veteran's claim for a total rating based on individual unemployability due to service-connected disabilities was pending at the time of his death in October 1978, and he met the criteria for such benefits. The effective date is set as October 16, 1978.

The VA has determined that the veteran's lumbosacral strain does not meet or approximate criteria for a disability rating in excess of 20 percent.

The Board has determined that the veteran's sleep apnea and hypothyroidism are related to his service-connected diabetes mellitus, granting service connection for these conditions.

The Board has granted service connection for lumbosacral strain and degenerative changes of the lumbar spine, cervical strain and degenerative changes of the cervical spine, paresthesias of both lower extremities, and residuals of cerebral concussion. The veteran's current disabilities are related to his in-service injuries.

The Board denied the veteran's claims for service connection for back disability, sleep apnea, prostatitis, hepatitis C, and skin cancer. The appeals were not about service connection at all.

The Board has determined that the reduction of the veteran's lumbar spine disability rating from 60% to 50%, effective March 1, 2005, was proper. The effective date is corrected to March 31, 2005.

The Board has determined that the veteran's claimed disabilities are not service-connected and have denied all of his claims.

The Board found that the veteran's low back disorder, manifested by chronic pain and limited range of motion, does not warrant a rating in excess of 10 percent.

The Board granted a 40 percent rating for lumbosacral strain with arthritic changes, effective September 26, 2003.

The Board denied an increased evaluation for the veteran's service-connected low back strain, finding that his disability resulted in moderate pain and muscle spasm on extreme forward bending.

The Board has determined that the veteran does not have diverticulitis related to active service and denied his claim for service connection. The lumbar spine disability is also denied as there is no evidence of a relationship between the current disability and military service.

The veteran's service-connected disabilities do not preclude him from engaging in substantially gainful employment, and therefore his claim for a total disability rating based on individual unemployability is denied.

The veteran has withdrawn his appeal regarding the issue of an increased rating for chronic lumbosacral strain.

The Board has determined that the veteran's chronic lumbosacral spine disability was not incurred or aggravated during service and may not be presumed to have been incurred in service. The claim for service connection is therefore denied.