Sleep apnea decisions — 2008

The Board granted service connection and assigned initial ratings for the veteran's disabilities, including chronic lumbosacral spine strain with early degenerative disc disease, cervical spine disability (status post anterior fusion C4 through C6), residual right upper radiculopathy, and chronic left knee strain. The veteran was not granted an evaluation in excess of 10 percent for any condition.

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

The Board has remanded the case for further development, including obtaining medical records and conducting a VA examination to assess the veteran's lumbar spine and thoracic spine disabilities. The appeal involves evaluating whether there are flare-ups, chronic pain, and functional loss in these disabilities.

The Board denied the veteran's service connection claim for a low back disability and his increased rating claim for PTSD. The Board found that there is no objective evidence showing that the veteran currently has a chronic disability of the low back, and thus denied the claim. For PTSD, the Board determined that the current 30 percent evaluation adequately reflects the severity of the condition.

The veteran's low back disability is currently rated at 20 percent, but the Board found that it does not meet the criteria for a higher evaluation.

The Board has determined that new and material evidence has not been received to reopen the claims for service connection for a right knee condition and lumbosacral strain, which were previously denied in April 1985. As such, these claims remain denied.

The Board denied service connection for lumbosacral degenerative disc disease with disc protrusion and status post laminectomy, as secondary to the veteran's service-connected back strain due to lack of evidence linking the condition to service or service-connected disability.

The Board has determined that additional development of the record is necessary to determine if the veteran's retinitis pigmentosa was incurred or aggravated during his period of active service from August 1972 to July 1975, and whether any manifestations existed prior to his entrance onto active duty.

The Board denied the veteran's claims for service connection for a left wrist ganglion cyst and lumbosacral strain to include sacrococcygeal cyst and L5/S1 degenerative disc disease, finding no evidence of chronicity in service or within one year after service.

The Board found no evidence of a heart disability, sleep apnea, or allergies that were caused or aggravated by service. The veteran's claims for these conditions are therefore denied.

The Board denied the veteran's claims for an evaluation in excess of 40 percent and an extraschedular rating for degenerative disc disease of the lumbosacral spine, finding that his disability did not meet the criteria for a higher schedular evaluation.

The veteran's claim for a higher rating for his lumbosacral disc disease is being remanded due to the need for additional medical records and an updated VA examination.

The Board has ordered the case to be remanded for additional development, including obtaining private medical records and scheduling VA examinations.

The veteran seeks service connection for degenerative joint and disc disease of the lumbosacral spine, which he claims is due to a back injury sustained during service. However, his service medical records are missing, making it difficult to determine if this condition is related to his military service.

The veteran has withdrawn his appeal regarding the issue of whether new and material evidence has been submitted to establish service connection for a back disability, also claimed as degenerative arthritis and lumbosacral strain. As such, the Board dismisses this matter.

The veteran's claims for service connection and increased ratings were denied. The Board found no evidence of a chronic low back disorder, and the GERD and IBS residuals did not meet criteria for an initial rating in excess of 30 percent. The left thumb amputation was rated appropriately based on symptoms and history.

The veteran withdrew his appeals for increased ratings on all three issues, including the lumbosacral spine condition and sensory impairment of both lower extremities.

The Board has granted a 10 percent rating for the veteran's service-connected lumbosacral strain with degenerative joint disease (DJD) effective January 11, 2007. The veteran previously had a noncompensable rating.

The Board denied the veteran's claims for service connection for obstructive sleep apnea and an initial compensable rating for his deviated nasal septum, finding no evidence to support these claims.

The veteran's son, born with epidermolytic bullosa, is not entitled to VA compensation as the condition does not meet the criteria for spina bifida under VA regulations.