Sleep apnea decisions — 2008

The veteran's claim for an increased rating of his service-connected low back disability was denied. The RO found that the disability did not meet criteria for a higher rating due to lack of evidence showing severe symptoms such as ankylosis, incapacitating episodes, or separately ratable neurological symptoms.

The Board found that the veteran's sleep apnea, left arm disorder, prostatitis (claimed as urinary tract condition), diabetes, hypertension, peripheral neuropathy of upper and lower extremities, and umbilical hernia are all related to his active service. The eye disorder was not found to be related to service.

The VA denied the veteran's claim for an initial evaluation in excess of 10 percent for service-connected lumbosacral strain, as his symptoms did not warrant a higher rating based on the criteria provided.

The veteran is seeking service connection for sleep apnea that may be secondary to his service-connected deviated nasal septum, allergic rhinitis, and sinusitis. The case is being remanded due to insufficient evidence regarding the relationship between these conditions.

The veteran's lumbosacral sprain was previously rated at 10 percent and has now been increased to 20 percent effective September 25, 2006.

The Board has granted a 20 percent evaluation for lumbosacral degenerative disc disease since January 30, 2003.

The Board has determined that the veteran's chronic lumbosacral strain is etiologically related to service and grants his claim for service connection.

The Board denied the veteran's claims for increased evaluations and service connection, finding that his lumbosacral strain with degenerative joint disease did not warrant a higher evaluation than 20 percent. The claim for sleep apnea was also denied as it was not shown to be related to service or his service-connected maxillary sinusitis.

The Board has determined that a new VA examination is necessary to determine the etiology of any current low back disability, and the veteran's claim for service connection will be remanded for this purpose.

The Board has remanded the case for additional development, including a VA examination to determine if the veteran's current obstructive sleep apnea is causally related to his active service or aggravated by his service-connected diabetes mellitus.

The Board has denied service connection for OSA. Service connection for Hepatitis C and Migraine Headaches is pending as additional evidence and examination are required.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine if the veteran's current back disabilities are related to service, specifically his service-connected ulcerative colitis.

The VA determined that the veteran's lumbosacral strain with degenerative arthritis does not warrant a rating higher than 40 percent, as his symptoms do not meet the criteria for more severe disability ratings.

The Board has granted service connection for sleep apnea and remanded the other issues due to incomplete development.

The Board found that the veteran's lumbosacral strain did not meet the criteria for a higher evaluation, as his forward flexion was not limited to 30 degrees or less and there was no evidence of favorable ankylosis. The claim was denied.

The Board granted higher ratings of 50 percent as of December 2, 2004 and 30 percent from May 20, 2008 for lumbosacral strain. The decision also referred a secondary service connection claim to the RO.

The veteran's initial ratings for cervical and lumbar spine disabilities were increased to 20 percent effective April 14, 2008.

The Board has denied the veteran's petition to reopen his claim for service connection for peripheral neuropathy (also claimed as right and left foot tingling with sleepiness, sleep apnea), to include as associated with herbicide exposure. The evidence submitted since the April 1998 denial does not relate to an unestablished fact necessary to substantiate the claim.

The Board denied the veteran's claim for an increased rating for his lumbosacral strain, finding that the evidence did not support a disability rating in excess of 40 percent.

The veteran's claims for higher ratings on several service-connected conditions were denied. The Board found that the evidence did not support a higher rating for her chronic lumbosacral strain, as it did not meet the criteria for a 20 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.