Sleep apnea decisions — 2008

The Board denied service connection for sleep apnea, arthritis of the left little finger, cervical stenosis and IDS, and a disability manifested by stool leakage. The veteran's gum disease claim was also denied.

The Board denied service connection for a chronic acquired psychiatric disorder to include depression, as the evidence did not show that such condition was incurred in or aggravated by active service.

The veteran's back disability was granted service connection, and a 100% rating for bilateral hearing loss was assigned.

The veteran's service-connected back disability is manifested by essentially full range of motion of the thoracolumbar spine with subjective complaints of pain; there is no competent evidence of incapacitating episodes of intervertebral disc disease, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour, or a compensable neurological disorder.

The veteran's claims for service connection for hypertension, a bilateral foot disability, low back pain, and sleep apnea were denied as the conditions were not related to his active service.

The Board remands the matter for further development to obtain a more comprehensive medical examination and review of the claims folder.

The appeal is remanded to the RO for additional development, including an examination and readjudication of the service connection claim.

The Board has remanded the case due to incomplete records and a need for an examination regarding COPD.

The veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant.

The Board has determined that the veteran's current low back disorder is not related to his service, and therefore denied his claim for service connection.

The Board remands the claim for additional development, including VCAA notice, obtaining VA medical records from El Paso, Texas, and scheduling a new VA examination.

The Board has decided to remand the case for additional development, including obtaining an opinion from a VA examiner regarding whether the veteran's retinitis pigmentosa was incurred or aggravated by service.

The Board denied the veteran's claims for increased ratings for his service-connected lumbosacral fusion, contracture of fascia left thigh vastus externus with spasm in relaxed position, and arthralgia and weakness of the left wrist. The RO will continue to rate these conditions under their current diagnostic codes.

The VA denied a rating in excess of 10 percent for the veteran's service-connected lumbosacral spine strain, finding that his disability did not meet criteria warranting a higher rating based on current medical evidence.

The Board has decided to remand the case for further development, including a VA examination and proper notice under 38 U.S.C.A. § 5103(a).

The veteran is seeking an earlier effective date for service connection of degenerative disc disease of the lumbosacral spine at L3-4 and L4-5, based on a claim of clear and unmistakable error in a previous rating decision. The case must be remanded to allow the RO to consider this issue.

The Board has denied the veteran's claim for service connection for obstructive sleep apnea, finding that there is no medical evidence linking his current condition to his military service.

The veteran's disability rating for degenerative joint disease of the lumbosacral spine with sacroiliitis is granted at a 40 percent level, effective from the date of this decision.

The Board denied the veteran's claims for service connection for an upper respiratory disorder and a rating in excess of 10 percent for hypertension. The Board found no evidence linking these conditions to military service.

The Board found no evidence of a chronic back disability during service and denied the veteran's claim for service connection for degenerative disc disease of the lumbosacrococcygeal area/coccydynia. The issue of dysthymic disorder as secondary to tinnitus remains pending.