Sleep apnea decisions — 2008

The Board denied service connection for headaches and found that new and material evidence had not been received to reopen claims for a low back disability, skin disability (Agent Orange exposure), bilateral hand disability, bilateral leg disability (other than peripheral neuropathy), and left eye impaired vision. The veteran's evaluation for residuals of fibrosarcoma of the anterior chest wall remained at 10 percent.

The veteran's lumbosacral strain and post-operative residuals of a lumbar fusion for spondylosis and spondylolisthesis were denied an increased rating, and the veteran was also denied a total disability rating based on individual unemployability due to service-connected disability.

The case is remanded to the RO for referral of the veteran's claim to the Under Secretary for Benefits or the Director of Compensation and Pension Service for consideration of an extra-schedular evaluation.

The veteran's claims for increased ratings were denied as the evidence did not support higher ratings than those already assigned.

The Board denied a compensable disability rating for lumbosacral strain and entitlement to TDIU, as the evidence did not support that the veteran's service-connected condition rendered him unable to secure or follow a substantially gainful occupation.

The claim for service connection for sleep apnea was reopened and remanded, while the veteran's initial disability rating for GERD was increased to 10 percent effective May 25, 2004.

The Board denied service connection for an anxiety disorder, sleep apnea, and a compensable evaluation for hypertrophic tonsils. The claims for service connection for cervical spine and lumbar spine disabilities were reopened but ultimately denied.

The veteran's left carpal tunnel syndrome was incurred in service, while a lumbosacral spine disorder with degenerative changes was not.

The Board has reopened the veteran's claims for service connection of degenerative joint disease of the lumbosacral spine with degenerative disc disease at L5-S1 and bilateral sensorineural hearing loss, but denied service connection for osteoarthritis of both shoulders.

The Board denied a rating greater than 20 percent prior to October 7, 2007, and denied a rating greater than 40 percent since that date for the veteran's lumbosacral strain with DJD and DDD. However, the Board granted a separate 10 percent rating for right-sided radiculopathy effective from December 4, 2003.

The Board denied the appeal, finding that retinitis pigmentosa was not incurred in or aggravated by active duty service.

The Board found that new and material evidence had been submitted to reopen the claim for service connection for kidney stones, but denied service connection for glaucoma, hypertension, peripheral neuropathy of the upper extremities, onychomycosis, and sleep apnea.

The appeal is remanded to the RO for further development and adjudication of the veteran's claims.

The veteran's service connection for sleep apnea was granted, while his claim for left eye refractive error was denied.

The veteran was granted a disability rating of 20 percent for degenerative joint disease of the right shoulder from January 11, 2006 to June 16, 2006. For the period from September 1, 2006, no higher rating is warranted.

The Board remands the claim for a VA examination to determine if degenerative disc disease of the lumbosacral spine is related to service, specifically group C meningococcal meningitis and lumbar puncture.

The Board of Veterans' Appeals remands the case for a Travel Board hearing.

The Board remanded the issues of service connection for degenerative disc disease of the lumbosacral spine and a bilateral knee disability for further development.

The veteran's lumbosacral strain is rated at 20 percent based on painful motion, muscle spasms, guarding, lordosis, and moderate kyphosis.

The veteran's service-connected lumbosacral strain was denied a rating in excess of 40 percent prior to August 31, 2005 and 50 percent from August 31, 2005 to November 30, 2007. The claim for TDIU was also denied.