Sleep apnea decisions — 2008

The Board has granted an effective date of January 18, 2005 for the award of a 40 percent rating for lumbosacral strain.

The Board has determined that the veteran's service-connected major depressive disorder and lumbosacral strain do not warrant higher initial evaluations.

The veteran's claim for a higher disability rating for his lumbosacral strain with degenerative disc disease is being remanded due to the need for a new examination and consideration of additional evidence.

The Board has reopened the veteran's claim of entitlement to service connection for lumbosacral strain due to new and material evidence submitted since the last final decision. The underlying merits of the claim will be addressed in a separate remand.

The Board granted a TDIU effective January 31, 2003. The veteran's combined disability ratings for service-connected conditions were at least 70% from that date.

The veteran's claim for an increased disability rating for his service-connected low back disability is being remanded due to procedural defects in the VCAA notice provided.

The veteran's claim for an increased disability rating for her service-connected lumbosacral strain is being remanded due to procedural issues and the need for proper VCAA notification.

The Board has granted service connection for sleep apnea on the basis of aggravation, finding that it is more likely than not that the appellant's service-connected sinusitis and rhinitis have permanently worsened his underlying sleep apnea disorder.

The veteran's claim for an increased evaluation of her service-connected post-operative lumbar discectomy right L4-L5 with limitation of motion of the lumbosacral spine was granted, and she is now rated at 40 percent. The claim for secondary service connection for a right ankle disorder was also granted.

The VA has granted service connection for lumbosacral strain and assigned a 10 percent evaluation, effective December 13, 2003. The veteran's appeal is denied as he does not meet the criteria for an increased rating.

The veteran's claims for bilateral hearing loss, vision disability (macular degeneration), chronic skin disorder, prostate disorder, and low back disorder were denied as not related to his active service.

The VA denied a disability rating in excess of 40 percent for the veteran's chronic lumbosacral strain with degenerative disc disease from March 16, 2006.

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

The veteran's schizophrenia was granted service connection, but his back conditions, hypertension, kidney condition, sinusitis, and bilateral foot condition were denied.

The Board denied service connection for multiple conditions, including headaches, lumbosacral strain, left hip strain, allergic rhinitis (claimed as nose/sinus condition), pes planus of the right foot, hemorrhoids, and disability manifested by dizziness.

The Board has denied the veteran's claims for service connection for right axilla lipoma (claimed as liposarcoma) and PTSD, and denied his increased rating claim for Type II diabetes mellitus. The evaluation of hypertensive vascular disease from March 5, 2003, Osgood-Schlatter's disease of the right knee from March 5, 2004, and Osgood-Schlatter's disease of the left knee from March 5, 2004, have also been denied. The veteran's daughter has not been recognized as a helpless child.

The veteran's appeal is being remanded to schedule a videoconference hearing before a Veterans Law Judge at the St. Petersburg, Florida RO.

The Board has reopened the veteran's claim of service connection for DDD of the lumbosacral spine with left foot drop. However, it is denied as there is no evidence linking these conditions to service.

The Board found that the reduction of the rating from 40% to 20% for lumbosacral myositis was proper and upheld. The veteran's condition is currently rated at 20%.

The Board denied service connection for a cervical spine disorder, lumbosacral spine disorder, and hepatitis C.,There is no evidence of any chronic conditions related to the veteran's military service.