Sleep apnea decisions — 2008

The veteran's claims for increased ratings and service connection were denied as the evidence did not support a higher rating or establish service connection.

The veteran's claim for an increased evaluation for lumbosacral strain, paravertebral myositis, and spondylosis is being remanded to the RO for further development.

The Board finds that it is as likely as not that the veteran's current sleep apnea was incurred during his service.

The veteran's back disability was rated at 20 percent prior to January 15, 2005, and increased to 40 percent effective that date.

The veteran's claim for an increased rating for sinusitis with headaches was granted, allowing a 30 percent rating effective November 16, 2004. The claims for higher ratings for lumbosacral paraspinous strain and DDD of the cervical spine were denied.

The Board denied service connection for a lumbosacral spine disorder, finding that the veteran's current low back disorders are not related to military service.

The Board denied service connection for all the claimed conditions as there was no competent evidence of any currently diagnosed condition that is related to the veteran's active military service.

The veteran's service-connected lumbar spine disability is manifested by pain, muscle spasms and some limitation of motion. The measured range of forward flexion during an October 2007 VA examination was 55 degrees.

The veteran's claims for service connection for sinus bradycardia and hypertension were denied, as there was no evidence of current disabilities. The initial ratings for sinusitis, recurrent headaches, chronic strain of the lumbosacral spine, status post right knee menisectomy, and degenerative joint disease of the right knee were also denied.

The Board denied service connection for hypertension, sleep apnea, skin cancer of the bilateral arms and hands, right knee disability, left knee disability, and residuals of a concussion as there was no evidence to support that these conditions were incurred in or aggravated by active service.

The Board denied the veteran's claim for service connection for degenerative joint disease and degenerative disc disease of the lumbosacral spine as secondary to his bilateral knee disabilities.

The Board denied the veteran's claims to reopen service connection for lumbosacral strain and defective vision due to macular degeneration, as new and material evidence was not presented.

The Board denied the veteran's claims for service connection for fibromyalgia, a rating in excess of 20 percent for lumbosacral strain with degenerative disc disease (DDD), and entitlement to a total rating for compensation purposes based on individual unemployability.

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

The veteran's service-connected degenerative arthritis of the lumbosacral spine has been rated at 20 percent, as it is manifested by an abnormal gait during flare-ups but does not meet criteria for a higher rating.

The Board granted service connection for narcolepsy with cataplexy and headaches along with coexisting obstructive sleep apnea syndrome requiring CPAP, finding that the veteran's pre-existing condition was aggravated during active duty.

The Board remands the claims for an increased evaluation and higher initial evaluations to the RO via AMC for additional development.

The Board granted service connection for chronic fatigue syndrome/ fibromyalgia, Epstein-Barr syndrome, tropical disease or parasitic infection, obstructive sleep apnea, restless leg syndrome, and immune disorder based on the medical evidence of record.

The veteran's claim for an increased rating for lumbosacral strain superimposed on L5-S1 spondylolisthesis is being remanded to obtain additional evidence and ensure compliance with the Veterans Claims Assistance Act of 2000.

The case is remanded for further development and consideration of the veteran's claims.