Sleep apnea decisions — 2007

The veteran's lumbosacral spine disability is granted, and the cervical spondylosis with stenosis claim is pending. Secondary service connection for peripheral neuropathy and erectile dysfunction are also pending.

The veteran died of chondrosarcoma, and the Board is remanding the case for further development to determine if his service-connected conditions contributed to his death or accelerated it.

The Board has determined that the veteran's low back disability, diagnosed as degenerative disc disease of the lumbosacral spine, was not incurred in or aggravated by service.

The veteran's lumbosacral strain was initially rated at 10 percent prior to September 16, 2002 and then increased to 40 percent from September 16, 2002. The appeal is mixed as some issues were granted (increased rating) while others remain unresolved.

The Board has determined that the veteran's service-connected disabilities do not preclude him from securing and following substantially gainful employment, thus denying his claim for a TDIU.

The VA determined that the veteran's lumbosacral strain did not warrant a rating higher than 10 percent prior to June 29, 2006 and increased it to 20 percent thereafter. The current level of disability does not meet or approximate criteria for a higher evaluation.

The veteran's lumbosacral strain and history of scoliosis have not been shown to meet the criteria for a higher initial evaluation beyond the currently assigned 20 percent rating.

The veteran's claim for increased ratings for lumbosacral strain was denied. The RO granted a 10 percent rating effective from the date of service discharge and later increased it to 20 percent effective September 26, 2003.

The veteran's heart disorder was not incurred in or aggravated by active service and is not presumed to have been so incurred.,Between October 2, 1998 and November 14, 2005, the residuals of his lumbosacral strain did not meet the criteria for a higher rating. After November 15, 2005, he was granted a 40 percent disability rating.

The veteran's initial evaluations for his lumbosacral spine degenerative disc disease, right knee post-traumatic osteoarthritis, and left ankle disability have been granted. The evaluation for the lumbosacral spine has been increased to 40 percent from September 16, 1995 to November 16, 1997, and then to 50 percent from February 27, 2006 onwards.

The Board has determined that an examination is needed to verify the current severity of the veteran's service-connected low back disability and associated radiculopathy. The case will be returned for further action.

The veteran's left knee disability is currently rated at 40 percent disabling due to pain and some diminished tone. Service connection for degenerative joint disease of the lumbar spine secondary to a service-connected left knee disability has been granted.

The veteran withdrew his appeals, thus the case is dismissed.

The Board found that the veteran's current disability manifested by dizzy spells and blackouts, variously diagnosed as organic brain syndrome, sleep apnea, and narcolepsy, was not incurred in or aggravated by active military service. The claim for an increased rating for residuals of a mandible fracture is denied.

The veteran's peptic ulcer disease was initially rated at 10 percent and increased to 40 percent effective July 28, 2005.,The veteran's degenerative arthritis of the lumbosacral spine was initially rated at 20 percent from May 5, 2000 and increased to 40 percent from July 28, 2005.

The Board found that the veteran's service-connected dorsal spine disability does not warrant a higher rating, and did not meet the criteria for service connection of cervical or lumbar spine disabilities.

The Board denied the appellant's claims for service connection for varicose veins, alcoholism, and sleep apnea. The claim for an acquired psychiatric disability was also denied as new evidence did not establish a basis to reopen it.

The veteran's appeal is being remanded for additional procedural and evidentiary development, including notification under the VCAA and a medical examination to determine if his current asthma and allergic rhinitis were incurred or aggravated during active duty.

The Board has determined that the veteran's sleep apnea is not related to his military service and denied his claim.

The Board denied an increased rating for the veteran's service-connected lumbosacral strain, evaluating as 20 percent disabling.