Sleep apnea decisions — 2008

The Board has granted a 40 percent disability rating for the veteran's service-connected chronic lumbosacral strain with degenerative arthritis, effective July 3, 1996. The initial rating prior to that date was found not to meet the criteria for compensation.

The Board has granted service connection for left knee, low back, and right shoulder disabilities. The veteran's complaints of pain in these areas during active duty have been confirmed by medical examinations post-service.

The Board denied the veteran's requests to reopen his service connection claims for a lower back disability and chronic skin disorder of the left hand, finding that no new and material evidence had been submitted.

The veteran is seeking an increased rating for his service-connected lumbosacral strain, chronic, with degenerative changes at L5-S1. The case must be remanded to locate a possible July 2007 VA examination report and review all submitted evidence.

The Board found that the veteran's service-connected low back disability, characterized by degenerative joint and disc disease of the lumbosacral spine, did not warrant a rating in excess of 40 percent due to lack of incapacitating episodes, muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour, or associated neurological disorders.

The Board has determined that the veteran's decreased visual acuity during service was an early manifestation of retinitis pigmentosa, and therefore grants service connection for this condition on the basis of aggravation.

The veteran's death was not caused by any service-connected disability.,The appellant is not eligible for DIC benefits under 38 U.S.C.A. § 1318 as the veteran did not meet the requirement of having been continuously rated totally disabled for a period of ten years prior to his death.

The Board denied the veteran's claims of service connection for a skin disability, including as due to exposure to Agent Orange, and eczema involving the face, neck, and right lower extremity. The evidence did not establish a link between these conditions and active service or herbicide exposure.

The Board denied the veteran's claims for a higher disability rating for his service-connected lumbosacral spine disability and denied his claims for service connection for asthma and allergic rhinitis.

The veteran's claims for service connection are being remanded due to the need for additional medical examinations and evaluations.

The veteran's low back disorder, which includes osteoarthritis and pain, is currently rated at 10 percent. The Board found that the current rating adequately reflects his disability.

The Board has granted an effective date of February 27, 1997 for the award of service connection for lumbosacral degenerative joint disease. The veteran's claim for bilateral knee degenerative joint disease is denied as there is no earlier effective date.,An effective date of December 11, 2001 has been assigned for the award of service connection for bilateral knee degenerative joint disease.

The VA determined that the veteran's service-connected disabilities do not prevent him from securing and maintaining substantially gainful employment.

The Board found that the veteran's sleep apnea with snoring first manifested during service and granted service connection. For his bilateral ankle disabilities, the Board determined there was no evidence of chronic disability related to in-service injuries and denied service connection.

The Board has ordered a remand due to inconsistencies in the veteran's history of nasal fractures and his current claim for service connection for sleep apnea. The case will be reviewed after an appropriate VA examination.

The Board has remanded the case due to incomplete information and need for a medical opinion regarding whether the veteran's obstructive sleep apnea is related to his active military service.

The Board has determined that the veteran's sleep apnea was not incurred in or aggravated by service, and thus denied his claim for service connection.

The Board has remanded the case for additional development, including obtaining medical opinions and examinations to assess the veteran's claims of service connection for sleep apnea and hypertension, as well as an increased rating for bilateral hearing loss.

The veteran's service-connected endometriosis was granted a 50% evaluation effective May 1, 2005. The appeal for lumbosacral strain and allergic rhinitis is dismissed.

The Board has determined that the veteran's chronic obstructive sleep apnea is service-connected, but his elevated cholesterol does not constitute a current disability for which service connection may be granted.