Sleep apnea decisions — 2008

The veteran's claims for service connection for degenerative disc disease of the lumbosacral spine and headaches are being remanded due to incomplete medical records, lack of VA examinations, and need for additional development.

The veteran's claims for service connection for various disabilities, including those related to herbicide exposure, were denied. The effective dates for some of the conditions and ratings are established but not earlier than specified.

The Board denied the veteran's claim for an initial rating in excess of 20 percent for his chronic active lumbosacral strain - myositis, with central disc protrusion at L5-S1 level.

The Board denied the veteran's claim for an effective date prior to November 25, 2003 for the grant of service connection for lumbosacral strain.

The Board has reopened the veteran's claims for service connection for arthritis of the knees and lumbosacral strain, finding that new and material evidence has been submitted. The Board also found that these conditions are related to military service.

The Board has remanded the case due to a lack of compliance with previous instructions, specifically failing to contact the U.S. Army and Joint Services Records Research Center (JSRRC) for verification of the veteran's alleged exposure to toxins during service.

The veteran's low back disability was granted a 20 percent rating effective May 16, 2007. His cervical spine disability and TMJ dysfunction were also granted increased ratings.

The veteran's claim for increased evaluations and earlier effective dates was granted. He is now rated at 20 percent for recurrent lumbosacral strain, with separate ratings of 10 percent each for S1 nerve root irritation in the right and left lower extremities.

The Board has remanded the case for further development, including obtaining employment records and verifying in-service exposure to asbestos. The veteran's uveitis, neurosarcoidosis with myelopathy and optic nerve involvement, and anemia are being evaluated based on their relationship to service connection.

The Board denied service connection for lumbosacral strain with degenerative disc disease and radiculopathy, finding no evidence of a current disability related to active military service. The claim for left hip strain was also denied as there is no competent evidence linking the condition to service.

The Board has ordered the case to be remanded for additional development, including obtaining SSA records and VA medical records.

The Board denied the veteran's claims for increased evaluations for his service-connected knee conditions and denied his secondary service connection claims for lumbosacral strain with degenerative disc disease and left hip strain.

The VA denied the veteran's claim for an increased rating for his degenerative disc disease of the thoracic and lumbosacral spines with chronic low back strain, as there was no evidence showing unfavorable ankylosis.

The Board denied the veteran's claims for service connection for lumbosacral strain with spondylosis and degenerative disc disease, neck pain, and bilateral hip pain. The Board found that there was no evidence of a pre-existing condition in service or any increase in severity during service, and thus could not establish direct service connection. The Board also determined that the veteran's current neck and hip conditions were not related to his claimed back injury.

The veteran's appeal has been withdrawn prior to the Board issuing a decision.

The veteran has withdrawn his appeal for the claims of service connection for post-polio syndrome and obstructive sleep apnea, leaving only the claim for seizure disorder unresolved. The Board dismisses the appeal as a result.

The veteran's appeal is being remanded for additional development of his claims, including obtaining recent medical records and SSA records.

The veteran's claims for increased disability ratings have been denied. The veteran is already service-connected for migraine headaches, and his low back disorder has a current evaluation of 20%. His left lower extremity neurological manifestations are currently rated at 20%, effective May 3, 2005. His cervical spine disorder does not meet the criteria for an increased rating. His left epididymal cyst is not service-connected.

The Board has determined that the veteran's current sleep apnea is not related to his military service and therefore denied his claim for service connection.

The veteran's chronic lumbosacral spine degenerative disc disease and laminectomy residuals are granted service connection as they were incurred during wartime service. The veteran's claimed chronic skin disorder is not presumed to be due to Agent Orange exposure, but the Board finds no evidence of a chronic skin condition in service or otherwise related to service.