Sleep apnea decisions — 2008

The Board has determined that the veteran does not have a separate skin disability of the eyelids, as his current condition is part of his already service-connected seborrheic dermatitis. Therefore, the claim for service connection for this specific issue is denied.

The veteran's lumbar spine disorder is currently rated at 40 percent, effective November 26, 2001. The Board has not decided the merits of his claim for service connection for stuttering as it relates to reopening a previously denied claim.

The veteran's claim for an increased rating for lumbosacral strain is being remanded due to the need for proper notice and a new VA examination.

The veteran's low back disability, characterized by lumbosacral strain with degenerative disc disease, warrants a 20 percent rating due to forward flexion of the thoracolumbar spine being greater than 30 degrees but not more than 60 degrees. The evidence does not support higher ratings based on ankylosis or incapacitating episodes.

The Board denied the veteran's claims for service connection for bilateral hearing loss, a skin disability, sleep apnea, and memory loss. The evidence did not establish that these conditions were incurred or aggravated by military service.

The veteran's claim for a TDIU is being remanded due to the need for additional examinations and consideration of her service-connected disabilities' impact on her employability.

The Board found that the veteran's liposarcoma of the right groin was not caused by exposure to ionizing radiation in service, and thus denied his claim for service connection.

The VA determined that the veteran's recurrent lumbosacral strain does not warrant a rating higher than 20 percent, as his symptoms do not meet the criteria for more severe disability.

The Board denied the veteran's claims for service connection for a low back disability, right hip disability, and respiratory disorder due to lack of evidence linking these conditions to service.

The Board has granted an effective date of September 14, 2005 for the award of a 50 percent rating for service-connected central and obstructive sleep apnea. The other two issues have been addressed but are pending.

The Board has granted a higher initial rating of 10 percent for the veteran's lumbosacral spine degenerative facet changes at L3-4, L4-5, and L5-S1, with an additional separate 10 percent rating for associated radiculopathy affecting his right lower extremity.

The Board has remanded the case for further development due to procedural issues and potential need for additional VA examination.

The Board has determined that service connection is not warranted for any of the claimed disabilities.

The Board has determined that the veteran's current sleep apnea is related to a head injury he sustained in military service, and thus grants his claim for service connection.

The veteran's claim for an increased rating for his service-connected lumbosacral spine disability is being remanded due to the need for a new VA examination and compliance with Vazquez-Flores v. Peake, which requires specific notice regarding the criteria for increased ratings.

The Board found that the veteran's lumbosacral strain warranted a 40 percent rating, and service connection was granted for left leg radiculopathy associated with lumbosacral strain. Service connection for kyphotic hump of upper spine was denied.

The Board found that the veteran's lumbosacral spine disorder did not meet or approximate the criteria for a higher rating under any applicable diagnostic code, and thus denied his claim for an increased rating.

The Board has granted a disability rating of 60 percent for the veteran's service-connected intervertebral disc syndrome with history of lumbosacral strain, effective from September 11, 2007. The criteria for this rating were met due to incapacitating episodes having a total duration of at least 6 weeks during the past 12 months.

The Board denied the veteran's petitions to reopen his service connection claims for various conditions, finding that new and material evidence had not been submitted.

The Board denied entitlement to increased ratings for lumbosacral strain and chronic mechanical low back pain with degenerative joint disease and disc disease of the lumbar spine, finding that the veteran's conditions did not warrant a rating in excess of the current 10 percent or 20 percent ratings.