Sleep apnea decisions — 2008

The Board remands the matters for further development, including obtaining a more contemporaneous examination and additional medical opinions.

The veteran's lumbosacral strain is not productive of an initial evaluation in excess of 10 percent.

The veteran's lumbosacral disability was found to be manifested by disc protrusion and mild stenosis at L2-3; a small disc protrusion at L4-5 with an annular tear, ligament hypertrophy, and mild stenosis; and a disc osteophyte complex at L5-S1 abutting the nerve root with decreased disc spacing. The Board concluded that the criteria for an increased initial rating were not met.

The veteran's current back condition was not related to his active military service.

The veteran's lumbosacral strain is manifested by chronic back pain with moderate limitation of motion, and a rating in excess of 40 percent was not warranted.

The veteran's claims for higher initial ratings for various disabilities were denied, as the evidence did not support ratings in excess of those currently assigned.

The veteran's claim for an earlier effective date for the 20 percent evaluation of degenerative disc disease was denied as no factually ascertainable increase in disability occurred within one year prior to his August 2004 claim.

The Board remanded the case for additional development, including obtaining a medical opinion on whether the veteran's retinitis pigmentosa was aggravated in service and obtaining SSA records.

The veteran withdrew his appeal for earlier effective dates of service connection for various disabilities, and the claims were dismissed.

The veteran's claim for service connection for a respiratory disability, specifically obstructive sleep apnea, was denied as the evidence did not support a link between the condition and his military service.

The Board granted service connection for sleep apnea, finding that the veteran's service-connected deviated nasal septum significantly aggravates his sleep apnea.

The Board remands the issues of service connection for a back disability and increased rating claim for PTSD for further development.

The Board remands the claim for further development, including obtaining a medical opinion to determine the nature and etiology of any current low back disorder.

The veteran's appeal for service connection for right ear hearing loss was denied, as the evidence did not support a finding that his hearing loss is related to his military service.

The Board denied the veteran's claims for earlier effective dates and separate disability ratings, finding that the evidence did not support an earlier date of entitlement or a basis for separate ratings.

The Board denied the veteran's claims for service connection for loss of vision, diabetes mellitus, left leg venous insufficiency, psychiatric disorder (dysthymia and depression), hypertension, lumbosacral strain, heart disorder, and residuals of dental trauma as there was no evidence linking these conditions to his active military service.

The veteran's initial ratings for the service-connected compression fracture, T9, with lumbosacral strain and cervical spine strain were denied as they did not meet the criteria for higher ratings.

The Board denied service connection for degenerative disc disease of the lumbosacral spine as there was no evidence that it was related to service.

The Board denied the veteran's claims for service connection for obstructive sleep apnea and an increased rating for PTSD, as there was no evidence to support a link between these conditions and his military service or any service-connected disability.

The Board denied an evaluation in excess of 10 percent for degenerative disc disease of the cervical spine and lumbosacral spine.