Sleep apnea decisions — 2008

The veteran's claim for service connection for degenerative joint disease and degenerative disc disease, lumbosacral spine is being remanded due to the need for a VA examination to determine the relationship between his current back condition and his military service.

The Board found that the veteran's lumbosacral strain did not warrant an evaluation in excess of 10 percent prior to September 26, 2003 and on or after September 26, 2003. The current rating is 10 percent.

The VA denied the veteran's claim for service connection for obstructive sleep apnea, finding that there is no evidence linking his current condition to his active duty.

The Board denied an increased rating for the veteran's service-connected low back disability, finding that the current evaluation of 40 percent is appropriate given the lack of unfavorable ankylosis and other compensatory factors.

The Board has remanded the case for additional development, including a VA examination to assess the extent of range of motion and functional impairment due to lumbosacral strain.

The Board has granted a 60 percent evaluation for the veteran's service-connected lumbosacral strain, superimposed on spondylolisthesis, effective January 23, 2004. The maximum schedular rating under Diagnostic Code 5293 is warranted due to pronounced intervertebral disc syndrome (IVDS) with persistent symptoms compatible with sciatic neuropathy.

The veteran's appeal is being remanded for additional development to determine the degree of industrial impairment resulting from his service-connected disabilities and whether he is unemployable.

The Board found that the preponderance of evidence does not support a finding that the veteran received a head injury while on active duty, thus denying service connection for residuals of a head injury.